Return to work - change of role

[estornudar]

My husband and I adopted a child last year and I took one year of adoption leave from my job as Head of Spanish in a high school.

While I was on leave, the person employed to cover me was made permanent due to other staff in the department leaving. I only found out about this after it had happened.

I returned at the end of December, temporarily working 3 days per week until August and then I will be working 4 days per week. I agreed that the new person would continue in my role until the end of the academic year, but made clear that I wanted to return to my role in September. I have recently been told that will not be happening, but have been offered another role (same pay and conditions, but not a job I want).

From what I understand, I am entitled to return to my role unless there is a good business reason. Is the fact that they made this employee permanent while I was on adoption leave considered a good business reason? Has me agreeing for them to do it temporarily while I am working 3 days per week damaged my argument? Is there potentially discrimination on the grounds of sexual orientation, as this would never have happened if I hadn't taken adoption leave?

What's it got to do with sexual orientation?

Anyway, ask them what their business reason is for not returning you to your original role. Until they tell you that, you don't know what you're arguing against.

The legislation is that you can return to your own job after AML if it is 'reasonably practical' I wonder if dropping from full time to 4 days a week is why it is not 'reasonably practical'.

@Lonecatwithkitten

The legislation is that you can return to your own job after AML if it is 'reasonably practical' I wonder if dropping from full time to 4 days a week is why it is not 'reasonably practical'.

Yes, they have also offered you something for the same pay and conditions. Are you in a union or similar? Might be worth running it past pregnant and then screwed for the legal answer.

Is the fact that they made this employee permanent while I was on adoption leave considered a good business reason?

No.

Has me agreeing for them to do it temporarily while I am working 3 days per week damaged my argument?

Possibly. The fact you are only returning part time may also have damaged your position. It would seem that, although you don't want it, the job your employer has offered is a suitable alternative. You need to consult a solicitor who specialises in employment law. Alternatively, if you are in a union, they may be able to advise.

Is there potentially discrimination on the grounds of sexual orientation, as this would never have happened if I hadn't taken adoption leave?

What has sexual orientation got to do with it?

People of various sexual orientations take adoption leave so I doubt that one will fly
I’m sorry I don’t know about adoption leave but if you take 12 months Maternity leave I think you can’t insist on returning to exactly the same job, just one at the same level and with the same a T&Cs

@Hoppinggreen

People of various sexual orientations take adoption leave so I doubt that one will fly I’m sorry I don’t know about adoption leave but if you take 12 months Maternity leave I think you can’t insist on returning to exactly the same job, just one at the same level and with the same a T&Cs

It is the same for both adoption leave and maternity leave. If you take more than 6 months, your employer must offer you your old job if it still exists or would have existed if you hadn't gone on maternity/adoption leave. This applies even if someone else has been employed to do your old job.