They've made my maternity cover permanent

[Jobnightmare2023]

I'm due back at work soon but I've found out that my work have made my maternity cover permanent. I don't believe that there is enough work for both of us. This is because they have already tried to convince me to take on a different role in a different department (it's basically a made up role just to give me something to do). I've declined this role as I am entitled to my job which they have admitted.

I have a meeting with work on Monday, is there anything I should be asking? I'm concerned about my job security. Should I mention this?

If it makes any difference, the person who they have hired to cover my maternity leave is my boss's mate so it just seems unfair!

Hi OP, what's the meeting on Monday for? What sort of meeting is it?

There is nothing to discuss in terms of your actual return, really. If you are returning after less than 26 weeks, you are entitled to your same job back, as an absolute.

If you've been on mat leave longer than 26 weeks, they can offer another similar role but only if they have a good reason. Giving your job to someone else would not be considered a good reason.

I would be highly suspicious of a redundancy situation occurring further down the line. You need to ascertain if there is a genuine need for two people to do this job- has the workload actually increased? Ask them, preferably in writing.

I work for a trade union. It would be worth asking for advice if you are a member. If not, ACAS have lots of useful resources.

How long have you been on maternity leave? If you have taken the full year you are not entitled to your old role, just the same terms and conditions

@Sapphire387

The meeting on Monday is to confirm whether or not I will take the new role. Even though I have already declined and they have agreed in writing that I am entitled to my previous role.

I do feel like redundancy is coming my way. I think it will probably be in a years time so I can't claim discrimination.

I'd be taking representation into the meeting

You're being managed out by the looks of it

You need to take someone with you to this meeting preferably union representation.

How long have you been off?

Are you a trade Union member? Get them involved.

This is what acas says, if it's helpful:

The right to return to work
Your right to return to the same job as before depends on how much maternity leave you've taken.

If you've taken 26 weeks or less
The first 26 weeks of maternity leave are called 'ordinary maternity leave' under the law.
You have the right to return to the same job after ordinary maternity leave.

If you've taken more than 26 weeks
More than 26 weeks' maternity leave is called 'additional maternity leave' under the law.
If you use additional maternity leave, you still have the right to return to your job on the same terms as before you left.
But if it's not possible because there have been significant changes to the organisation, you could be offered a similar job.
In this case, the job cannot be on worse terms than before. For example, the following must be the same:

• pay
• benefits
• holiday entitlement
• seniority
• where the job is

I'm not part of a union unfortunately and it's probably too late now.

Yes I definitely feel like I am being managed out. Should I inform them that this is how I feel or is that too emotional?

You’ve been on maternity leave for 26 weeks or less
You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave.
It’s unfair dismissal and maternity discrimination if your employer says you can’t return to the same job. You can take steps to resolve an unfair dismissal, starting with talking to your employer.
You’ve been on maternity leave for more than 26 weeks
It’s unfair dismissal and maternity discrimination if your employer doesn’t let you return to work after maternity leave, or if they offer you a different job without a strong reason. They can’t offer you a different job if:
• your job still exists - for example if they’ve given it to someone else
• your job would still exist if you hadn’t gone on maternity leave
• the new job isn’t something you could do
• the new job has worse conditions or pay than yours did - for example if you used to work part-time, and the new job would be full-time only

They cannot give your role to your maternity cover as the role still exists so you have right to it

@Olika yes this is it, I am entitled to it because it's still an active role. They haven't made it redundant. However they have given him a permanent contract which is all OK if there was enough work. But there isn't enough work hence them trying to move me sideways.

I have been off for longer than 26 weeks however my role still exists so they can't legally give it away. They will still let me come back to my role however it will now be two people doing a one person job.

Are you pre or post 26wkks may leave OP when you return?

@YoBeaches post 26 weeks but I am still entitled to my role as it still exists.

I would have someone accompany you to the meeting. You say that you intend to return to your original role, as is your right.

If I was repping you, I would be very clear wirh your employer that any attempt to manage you out here would likely result in a tribunal claim (unfair dismissal and maternity discrimination).

You could even suggest that if they are so keen to keep this other person on, THEY might be considered for the other role... but that part is your judgement call. It's not actually your problem.

I had something very similar. Boss / owner gave my job to his cousin. When I questioned it, was offered a lesser role, I declined it, subsequently I was suspended. Then sacked. I took legal action and got a decent payout. It wasn’t nice though!

I would print out that info and then tell them that there is nothing to discuss as per the law and you will be returning to your old role. If they then try to make your role redundant you can fight back with them having given your role to someone else during your maternity leave.

The problem you have is that even if you are entitled to your previous job back, they only have to return you to that post the second you return. What has happened with your maternity cover is not your business. If you are correct, and I suspect your may be, they only have to wait a bit then suddenly discover there isn't enough work for two people. Voila, they will fix the criteria to make you redundant. And you'll never prove an unfair thing.

Sorry, but that's the most likely outcome if your suspicions are correct.

So you probably need to start thinking if this is a place you wish to work for. If the answer is yes, the other job might be your better option. If it isn't, you know what you have to do - find another job before they can force you out. Assuming redundancy isn't something you want.

@Sapphire387 that is a good idea. I am going to ask about the workload being split between two people and then might suggest he goes for this new role.

If you've taken the full year (or more than 26 weeks) they only have to find you a similar role, not your old role

Happened to me - I was made redundant 6 months later. The maternity cover had no qualifications in what I did, clearly didn’t do any of the work (I came back to a horrendous mess) and they were a son of one of the directors.

You are right to be wary.

I don't disagree you should be wary. But doesn't everything posted above say that you're not entitled to your previous role, just one with the same pay and T&C??

This is why you start laying the paper trail now. They need to know you mean business. It's no guarantee of safety but if you sense a forthcoming redundancy, you will need leverage to get yourself a good settlement.

I would keep your emotions out of any discussions or communications with your employer. Hopefully you've got some other outlets to express these so they don't suddenly involuntarily gush out at the wrong time.

You have every leg to stand on in your case so stick to your guns. Just to be sure have you asked for flexi-time or any post-ML adjustments?

"The boss's mate" indeed - don't even let on that you have put 2 and 2 together on that. I'll bet they are going to couch it in terms of doing you a favour.