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!

No - her previous role still exists, therefore she is entitled to return to it.

The 'similar role' provision is in place in the event of company restructures, etc.

They cannot just give the job to the maternity cover and shift OP.

Keep dates/notes about treatment from the company - could be useful in the future. Follow up any phone conversations with an email to say what you understood from the company is.......Also check company employment policies.
Also might be worth contacting Pregnant then Screwed - think they have been mentioned before in these sorts of cases.

This is similar to why I joined a union. They were great, I rang and spoke to my rep 3 days before my first redundancy meeting and they were able to represent me at it. Definitely go with representation and join a union. You're entitled to representation at a meeting like that so if you need more time you can ask for it to be rescheduled so your rep can attend.

I have been off for longer than 26 weeks however my role still exists so they can't legally give it away

This isn't actually the case though op. The rules have been posted on this very thread. You're not entitled to retain the exact same role.

For crying out loud, people keep saying this. Yes she IS entitled to the same role back because the same role exists. The company has to have a good reason to offer a suitable alternative. Keeping the maternity cover on is not a good reason.

1. Join a union. It's not too late because it's going to get difficult down the line.
2. Ask for an agenda in writing.
3. Confirm everything in writing. Everything! You need to create a documented history.
4. Inform them you would like to bring a legal representative or just a friend. They may change the agenda if they believe you have legal representation or a witness.
5. Don't talk about anything off the agenda.
6. Agree to nothing without giving yourself time to consider your responses. Don't be pressured into making speedy decisions.
7. Refer to your previous communication. Print it and take it with you. Without it they can imply that your communication about this was ambiguous.
8. At any point close the meeting. "Thank you for your time but I feel this meeting is now closed and I will be in touch shortly". Even if it is 10 minutes in.
9. It is your meeting. You can steer it.

OP absolutely has the right to her job, even if she has been off for longer than 26 weeks. Her job still exists, there's no legitimate reason for her not to return. From acas:

The trick is not to get emotional about te job.

Would u like to go part time?

Thank them for this meeting and try and get 40hours into four days :-)

Most unions won’t help with something that already existed before you join. Yes, they’ll check.

Have a look at this

Home - Pregnant Then Screwed

Did you actually read those rules? Because it was quite clearly stated that they need a good reason to not give her her role back and that having someone else in the role is not a good enough reason.

agreed, it just helps with context a because you say the workload hasn't increased, how do you know this if you e been out for 6 months.

So my position would be that no you don't want the new role, you're excited to return to your current role xx date, and where do you stand with keeping in touch days. Should we schedule some...?

I would avoid engaging in why they have made someone else perm at this point, because we can consider it irrelevant. Unless the work has increased there was never a permanent role to be filled so that's their problem not yours.

Just focus on the clear fact that you will be returning to your current role.have you agreed any change to working hours or are you going back exactly the same?

Contact the charity pregnant then screw.

It’s not too late to join a union

I am going to look into joining a union. Hopefully that will scare them off. I think I am expecting to be made redundant within the year.

Planning to go back on the same full time hours. Is it worth me asking for part time?

Sorry haven’t read full thread, but in case not mentioned above - do you have house insurance / life insurance with some kind of legal cover? I think ours does and can offer advice on a wide range of things.

make sure you get everything in writing and do not get bullied into accepting anything in any meeting. Don’t be pushed for answers / decisions.

good luck

The job still exiting has nothing to do with it, after 26 weeks you're no longer automatically entitled to it.
Most roles don't disappear into the ether whilst the incumbent is on maternity leave, particularly when the leave has been covered.

I’d speak to ACAS and pregnant then screwed, postpone Monday until you can get someone to go with you. What they’re doing is illegal if your suspicions are correct

I'd get in touch with Maternity Action. They've got their own lawyers who can do pro bono casework.

Here again about over 26 weeks as some PPs say differently:

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

Contact Pregnant then Screwed.

After 26 weeks, they only need to show that there have been significant changes to the organisation to offer you a similar job. You are not necessarily entitled to your original role.
I would be asking what the significant changes in the organisation are to constitute them offering you a different role?

This is incorrect advice.

Both of these are worth contacting for advice.
https://pregnantthenscrewed.com/advice-services/
https://www.acas.org.uk/
Also not too late to join a union. Contact one that one that works regularly in your sector.

Not much to add to this except if you want to work full-time then don't ask for part time hours. And remember that if you were part time a redundancy payment would likely be less than if full time.