legal advice needed - discrimination on return from maternity

[Helish]

I received a letter from my HR dept today (my mat leave officially ended on Monday and I'm now on leave for a few weeks) stating that due to business continuity reasons they weren't able to give me my original job but a role would be created for me on the same salary, hours. I didn't think they could do such a thing and let my maternity cover stay in my role once i'm back at work? I'm not sure if i'm correct or what my next steps should be. I'd be grateful for any pointers or recommendations for employment lawyers.

Someone with actual knowledge will be along soon but, from my understanding, if you take up to 9 months ML you should return to the same role. If you take the year their only obligation is to return you to a role of equal standing.

I had 2 MLs within 2.5 years. I took a year off first and returned pt at my request. I was also pg with dc2. I was put in a role I'd previouly done at a lower grade. After 9 months ML I returned to another role which was very definitely to force my hand. I had 2 kids under 2 and no strength to fight. I now work in the same place but doing a job I did when I started there at 18 years old. Their loss. I was a fucking good manager.

Why is the original role unavailable? Is someone else doing it?

The original role is still available, it's being carried out by my maternity cover (an external person hired into the role) and they're saying they want to keep her in the role for business continuity purposes as there's a big project taking place later this year.
They are saying they'll give me the same pay and hours but as yet they haven't worked out what role they're going to give me - in other words they're making it up which doesn't make me feel they value my return to the business and could be looking for a way to ease me out.

If you have only taken ordinary maternity leave (i.e. 26 weeks) they must give you your job back. If you took additional maternity leave the business can give you a similar job (i.e. a job with the same or better terms and conditions) if they argue that it isn't possible to give you your old job.

This also applies when you come back after Additional Maternity Leave (the last 26 weeks of your Statutory Maternity Leave)

You didn't post a link but the rules are different after AML. To quote the relevant regulations, if you take AML you are entitled to return to your original job or, "if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances". So, as I said, if the employer argues that it is not possible to give the OP her job back they can give her a similar job.

However, having read the OP again, in this situation where the employer wishes to retain the person taken on to provide maternity cover in the OP's original role and offer the OP another job the OP may have a claim for discrimination.

Textfan, not sure if it makes a difference but your link is northern Ireland.

www.gov.uk/maternity-pay-leave/overview

I've had 3 MLs, and no problems like this but I understood each time that if I'd taken additional maternity leave during any of them, I would run the risk of not being able to return to my original job. I'm not sure of how your old role still being available changes this- but i suspect they'll be ready with a revised job spec for your ML cover to 'prove' your old job no longer exists.

Thank you for all the links and advice, it's all useful. Having read a fair bit online it does seem to say that keeping the maternity cover in the job and offering something else to the person coming back could be discrimination (and yes, the person in the role is child free). I'll make some calls today to see if I can get legal advice and an appointment to see a solicitor.

Helish, I have PMed you.

This is why I advise women to take a few months at most off and go back full time. I took 2 weeks off in total and not surprisingly my pay role and status was unaffected. It rocks. Part time and long leaves are a bit of poisoned chalice which can actually damage women in some ways.