Demoted whilst on Maternity Leave...Help!
LouLouBarley · 13/04/2012 20:45
Hi Everyone :)
New to Mumsnet and hoping for some advice from people who know how difficult and stressful it can be to return to work after having a bubba!
I started a Lettings Division in my part of the world for a Large Estate Agent 2.5 years ago and went on Maternity Leave at the end of September 2011. Before Leaving I was 'Bristol Lettings Manager' and was responsible for Lettings in 6 branches in the area. Whilst on Mat Leave, my company have appointed a 'South West Lettings Manager' who covers all of South West and the expansion of bristol area (also based in my office!!)....I have been told, should I return, I am only responsible for 1 of those 6 branches.
In my return to work meeting, I was asked if I felt I could really commit to a managerial role anymore and told that I had a baby at a really inconvenient time! (shocking!)
My questions are a) do I have a case for compensation under constructive dismissal/Sex Dscrimination b) if they make this difficult for me and I just decide to resign, can I leave without having to pay back Mat Leave and be paid holiday entitlement c) Are there any employment solicitors who work on a no win-no fee basis as I have no money to seek legal advice scraping by on ridiculous SMP!!!
Any help is very much appreciated...thanks so much xxx
MadameChinLegs · 13/04/2012 21:07
DirectGov states that on your return to wrok after 26 weeks, you have a right to return to the exact same job with the exact same pay, terms and conditions.
If, however, you return after extended Mat Leave (i.e. take a year out), you are not necessarily entitled to return to the exact same job if it no longer exists. If that is the case, you should be offered a suitable alternative with the same terms and conditions as if you had not taken any leave.
If they created the new role, taking jobs off you, prior to the end of your initial 26 weeks, then I would say you definetly have cause for complaint, and equally, you should have been able to apply for the new role they created (it should have either been advertised publicly or if 'in house' you should have been notified in order that you had opportunity to apply).
hairytale · 14/04/2012 11:11
Agree with madame
You dont have to pay back maternity leave or statutory maternity pay.
However if you've received occupational pay you may have to pay some or all back if you leave.
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