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!

What poor treatment from your employer. Sign up to a union quickly and get a representative with you at the meeting. Ask for an agenda ahead and send them a list of questions which you would like them to answer. It will help you stay in control
Take notes, ask to record and request a post meeting summary. All further communication in writing for future evidence.
You are obviously entitled to return to your job and they need to tell you clearly - for the record - what significant business cause they have for offering you a new job when your current job still exists. They also need to confirm that the new job has the same pay and benefits - don't take it, but if they seek to reduce anything it helps with a settlement / claim.
I would also ask why the new hire wasn’t offered the alternative job instead of you.
They should back track as its clearly maternity discrimination but if not then stand firm for a decent settlement - up to a years salary - and tell them you will raise a tribunal claim immediately if they don’t make an offer on par to which a judge will award.

This is incorrect, the role still exists and so you have the right to go back to it.

Sorry but you are not entitled to the same time if you've been off more than 26 weeks. (Even if the exact told still exists).

What you are entitled to is a similar role on not worse terms and conditions.

@Mari9999 I think you might have posted on the wrong thread

I also meant to say that asking for part time hours now would be a mistake here. If you submit a flexible work request it will give your employer a business reason as to why they moved the role to someone else. They would need to demonstrate why you couldn’t do your job in less hours and why they couldn’t adjust but your strongest position here is to state you are looking to return to the exact same job and role and they need to justify why you can’t. Hope that makes sense.

Only if the role no longer exists, the role still exists and therefore OP has the right to go back to it.

No, you are wrong. She is entitled to her job back - they have no grounds to give her job away to the maternity cover. Even though it has been longer than 26 weeks.

Contact Pregnant Then Screwed, they'll provide free support. This isn't right OP.

@longtompot
Thank you. I am not certain how that happened.

Was also going to suggest this. Call them before your meeting so you will know exactly what to say. They can be very busy so make sure you try as soon as they open

Take someone to the meeting with you, audio record it (secretly) and write notes.

That way you can be certain of what gets said, you can remind yourself by listening back to the recording, your friend can verify it got said, you can refer to notes taken, and you can relay this to a legal adviser if necessary. You can't refer to the audio recording as it's not lawful to play back to any third parties or broadcast but you will know for sure what got said.

Seems like you're def being slid out of your previous role. Sorry, I was 'constructively dismissed' once and thankfully had a union. The problem is once these sort of things have happened, one doesn't really want to stick around in the same place anyway.

Are you going back on the same hours you had before you left?

@Jobnightmare2023
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?
Firstly, as a chair/convenor of a large union branch, it really grinds my gears when workers only want to join a union once the crap has hit the fan or is on its way to hitting the fan. Belonging to a union is like having an insurance policy. You cannot insure your car once you’ve had the accident. If you are truly committed to the idea of protecting workers’ rights, you’d join and pay your membership dues, hoping you might never need to call on the help. In my union, as for many others (not UK), there is a stand-down period whereby a new member cannot access the union’s advocacy/legal support, for several months. This is fair to existing members who have been supporting the union for a long time.
Do not ask for part-time hours. This would make it easy for them to give most of your original job to the new person and leave you with the crumbs.

Definitely join a union and take a representative to the meeting.

Speak with ACAS and as others have said try to have someone with you at the meeting.

This happened to my friend, she did ACAS early conciliation and the employer settled with her before going to tribunal as they had to admit maternity discrimination.

You basically are.

https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/

As PP have said, keep it factual. Bring a notebook to the meeting and write down everything they say, visibly.
As they have offered you a different job, be polite and say simply no thank you I would like to return to my existing role and I'll be starting on xxx date.
Do not mention part time at this point
Do not engage in discussion about the permanent contract that was offered to your cover, it's none of your business
If they try to discuss workload or anything else then just restate your start date and the fact that you are returning to your old role

If they try to insist on you taking this alternative, then just say that you are entitled to your role back and please can they put any further points in writing and end the meeting.
Then get some legal advice!

How do you know if your maternity cover is going to be doing the same job?

We had a maternity cover at our school covering a full time teacher who we made permanent as a Cover Teacher who supported across the school and the mat leave colleague returned to their normal job…

I agree with this advice.

If they ask you to come back to a different role say you'd like to stay in the one you're already in.

If they say you cannot return to that role, ask why not, on what grounds, and if they're sure that's legally above board. Let them know you're (unpleasantly) surprised and need time to check out your rights. Don't say or do anything in haste.

I wouldn't engage in discussing alternative job roles with them part time or otherwise as that overshoots the point. But do note especially if they mention p/t as it could start to look very constructive indeed.

You don’t need to join a union necessarily. I’ve had ACAS attend a meeting with my ex MD to represent me - contact ACAS.
I can’t remember the name but there is a charity that helps pregnant women and mums with work place issues (is it pregnant then screwed..?) you can also postpone the meeting until you have representation that can attend

@Jobnightmare2023

Try here

https://pregnantthenscrewed.com/advice-services/

Same thing happened to me, mat cover hired permanently and I was offered a crap substitute. I fought it and is was miserable (they were vile) but got a payout of 5 months + my annual bonus which they were withholding

@Jobnightmare2023 do you have enough money to live on for a few months? If so go in and get them to dismiss you. Go to tribunal. You'll win and you'll get a very good pay out. Find a good lawyer.

Find a job elsewhere. They don't deserve you. What absolute AHs.

Good luck.

Best of luck with it all op