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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Maternity rights - I've been replaced

22 replies

Gilmoregirl21 · 31/10/2025 10:54

Hi, I hope someone can provide some personal experience or advice!
I'm a mum to two little boys, my littlest being 4 months. I'm on maternity leave at the moment. I'm concerned about the security of my job. I know on paper I have rights, however I can't shake an uneasy feeling, I'm naturally a very anxious person. I know, and expected someone to be hired to replace me, however the hire is a new full time permanent member of staff. I am part time, and the office is small. When I return there will be physically no seats/ computer for me.
I have expressed concerns but I was told that the job had been advertised as permanent because they wouldn't be able to hire anyone worth hiring if it was a temporary job.

Advice and experiences welcomed! Am I being unreasonable and worrying unnecessarily?
Thanks ,😊

OP posts:
Agix · 31/10/2025 11:08

Has anyone said you don't have a job to go back to?

BingBongBish · 31/10/2025 11:10

You haven't actually been replaced unless they fire you.

Ask them how they propose to accommodate your seating and computer.

randomchap · 31/10/2025 11:10

Join a union

Keep a timeline of what's happened

Try to keep all communication written so you've got a record of it

Check with your house insurance, that might come with legal advice too

lanthanum · 31/10/2025 11:15

Perhaps they were gambling on you deciding you didn't want to come back, or wanting to reduce hours further, or asking to work from home. They may have decided that they could do with slightly expanding the workforce anyway, so this was a good opportunity to do it, whilst also meaning they were well covered for your absence. Or maybe they are expecting that someone else may want to reduce hours by the time you come back.

If you return within six months, you are entitled to your job back. If you take more than six months, you are entitled to return to a job with equivalent terms & conditions and status. That would include having a desk!

Don't worry too much. Read up on your rights (https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/returning-to-work-after-having-a-baby), and towards your return time, ask about how the work will be split on your return. If there's any hint of you being assistant to the full-timer, remind them of your right to the same status.

Original poster
Gilmoregirl21 · 31/10/2025 11:52

Agix · 31/10/2025 11:08

Has anyone said you don't have a job to go back to?

Hi, no they haven't but they wouldn't do that as it would be too obvious I think. I've come from a very toxic workplace before this one and I overthink a lot!

OP posts:
Original poster
Gilmoregirl21 · 31/10/2025 11:54

BingBongBish · 31/10/2025 11:10

You haven't actually been replaced unless they fire you.

Ask them how they propose to accommodate your seating and computer.

Thank you, I hope you're right!
I've tried to hint at this but had no answer. I could ask again I suppose as it was before I went off on maternity.

OP posts:
DiscoBob · 31/10/2025 11:56

The fact they're claiming to you they lied to the new person about the terms of their employment in order to secure a better candidate sounds ridiculous. Of course they aren't 'forced' to take on a new perm staff member. There would need to be a clear business reason to do so.

Are you saying there's literally no scope for them to add an extra desk and chair? That alone shouldn't be a reason to believe you're losing your job.

How would you feel about doing more WFH if that was offered? Not saying it will be but they can't just sack you.

Original poster
Gilmoregirl21 · 31/10/2025 11:57

randomchap · 31/10/2025 11:10

Join a union

Keep a timeline of what's happened

Try to keep all communication written so you've got a record of it

Check with your house insurance, that might come with legal advice too

Thank you, that's a good idea. I'll look them up. Hadn't thought of house insurance, will definitely check.

OP posts:
Original poster
Gilmoregirl21 · 31/10/2025 11:59

Thank you 😊 Yes, I'd be lying if I hadn't thought that's what they're thinking about me not going back. Even in my meeting with them this was hinted, which hasn't helped how I'm feeling.

OP posts:
randomchap · 31/10/2025 12:00

Try to get legal advice before doing anything other than gathering evidence.

Bunnycute23 · 31/10/2025 12:01

I've been made redundant on ML. It will be fine.

Have a look at the most you can grab and enjoy your baby.

A baby is life changing.

You don't have to do what anyone tells you.

All the very best to you.

Clychaugog · 31/10/2025 12:01

Request a 'keeping in touch day' and go into the office. Ask for a meeting to discuss what's been going on and tell them you'd like to talk about your eventual return.

Contact www.pregnantthenscrewed.com for rights advice

ScaryM0nster · 31/10/2025 12:06

Pause. Take a breath. Then try not to borrow problems from the future. There are generally enough going around at any point without adding to them.

Make it clear you want to go back. Keep half an eye on new jobs like anyone should most of the time anyway.

Whats turnover like? It’s not uncommon places that have moderate turn over to run slightly over at times as a way of managing leave. Hire permanent not temp. Run with extra til the next leave period / person leaves. Go back down ratger than replace that person. Step up again next time it happens.

ByQuaintAzureWasp · 31/10/2025 12:21

Join a trade union, just in case.

edgacremeegg · 31/10/2025 12:29

I’ve recently been in this exact position. I took legal advice, which was that the position was a grey area under the law. Basically, the crux of the advice was that I wouldn’t have any financial loss to claim for if they decided to keep both of us employed on the same terms after my return to work. My view was that my role was being devalued by having two of us doing it instead of just one. It’s all worked out ok for me as there’s been an increase in workload such that I’m happy with my role overall. If I felt that my role had been diminished then I’d probably have taken it further. Annoyingly, the new person is very good and is likely to be prioritised above me in any future (theoretical) promotion situation. I feel for you but try to put it out of mind as much as you can, take any free legal advice you can in the meantime, and try to enjoy your new baby.

Original poster
Gilmoregirl21 · 01/11/2025 17:35

edgacremeegg · 31/10/2025 12:29

I’ve recently been in this exact position. I took legal advice, which was that the position was a grey area under the law. Basically, the crux of the advice was that I wouldn’t have any financial loss to claim for if they decided to keep both of us employed on the same terms after my return to work. My view was that my role was being devalued by having two of us doing it instead of just one. It’s all worked out ok for me as there’s been an increase in workload such that I’m happy with my role overall. If I felt that my role had been diminished then I’d probably have taken it further. Annoyingly, the new person is very good and is likely to be prioritised above me in any future (theoretical) promotion situation. I feel for you but try to put it out of mind as much as you can, take any free legal advice you can in the meantime, and try to enjoy your new baby.

Thank you 😊 I'm glad it's worked out well and someone has a positive story after being in the same position. It's such a worry isn't it.

OP posts:
Original poster
Gilmoregirl21 · 01/11/2025 17:38

ScaryM0nster · 31/10/2025 12:06

Pause. Take a breath. Then try not to borrow problems from the future. There are generally enough going around at any point without adding to them.

Make it clear you want to go back. Keep half an eye on new jobs like anyone should most of the time anyway.

Whats turnover like? It’s not uncommon places that have moderate turn over to run slightly over at times as a way of managing leave. Hire permanent not temp. Run with extra til the next leave period / person leaves. Go back down ratger than replace that person. Step up again next time it happens.

Thank you for the advice 😊 I emailed yesterday asking for the maternity policy again as mine deleted. I mentioned my thoughts with a return date, although it will be next year as I'm taking longer. Turn over varies, I've not been there super long. For my position it seems to. There is another office, although I want to stay at where I know.

OP posts:
Original poster
Gilmoregirl21 · 01/11/2025 17:39

Clychaugog · 31/10/2025 12:01

Request a 'keeping in touch day' and go into the office. Ask for a meeting to discuss what's been going on and tell them you'd like to talk about your eventual return.

Contact www.pregnantthenscrewed.com for rights advice

Thank you 😊 Will have a look.

OP posts:
Original poster
Gilmoregirl21 · 01/11/2025 17:40

Bunnycute23 · 31/10/2025 12:01

I've been made redundant on ML. It will be fine.

Have a look at the most you can grab and enjoy your baby.

A baby is life changing.

You don't have to do what anyone tells you.

All the very best to you.

Thank you 😊 Yes, I'm going to try and get my head around a new job if things don't work out. It's not the end of the world.

OP posts:
Original poster
Gilmoregirl21 · 01/11/2025 17:50

DiscoBob · 31/10/2025 11:56

The fact they're claiming to you they lied to the new person about the terms of their employment in order to secure a better candidate sounds ridiculous. Of course they aren't 'forced' to take on a new perm staff member. There would need to be a clear business reason to do so.

Are you saying there's literally no scope for them to add an extra desk and chair? That alone shouldn't be a reason to believe you're losing your job.

How would you feel about doing more WFH if that was offered? Not saying it will be but they can't just sack you.

Thanks for your reply. A friend sent me the advert and there was no mention of it being temporary. From conversations after with managers I think they wanted a permanent, full time member of staff. There would be no space in my office but there is another office, I don't know as much about the dynamics there. It's all really confusing. It has happened before with another member of staff coming back from maternity with no where to go, she's worked at the company much longer than me though.

OP posts:
TheCurious0range · 01/11/2025 17:55

They might have other plans for you, if you take longer than 6 months which it sounds like you are planning to, they only have to give you an equivalent job with the same level of terms and conditions, they don't have to give you your job. Eg you were administrator for project A, they can give you the role of administrator on project B . They couldn't do anything like move your base location if it was detrimental financially eg move you to another office 75 miles away

DiscoBob · 01/11/2025 18:13

Gilmoregirl21 · 01/11/2025 17:50

Thanks for your reply. A friend sent me the advert and there was no mention of it being temporary. From conversations after with managers I think they wanted a permanent, full time member of staff. There would be no space in my office but there is another office, I don't know as much about the dynamics there. It's all really confusing. It has happened before with another member of staff coming back from maternity with no where to go, she's worked at the company much longer than me though.

Show quote history

Thank you. When you say the other person who went on mat had 'nowhere to go' do you mean they were made to move to other office? If they needed another perm staff member that's fair enough. They haven't taken your job. Can you just straight up ask where you'll be sitting, or could you WFH?

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