Mat leave - will they fire me?

[Beanz089]

So I am starting my maternity leave in a couple of weeks.
I have just seen my school have released an advert for a permanent position in my department to start in January- no one I know of is leaving though (except me but on maternity!)
Can someone confirm that I should be able to return to the same job after my maternity leave (taking the year) is over?

Hello, can I suggest you ask MNHQ to move your post to either The Staffroom or the legal queries pages, as this is more a parents’ board. Or better still, call the free ACAS helpline as they’ll be able to advise (or your union if you’re in one). Or have a look on the Pregnant Then Screwed website.

But my understanding is firmly that they have to keep your job open for you for a year, for you to return to, and you may have a legal claim if they don’t. I’d be surprised if the ad was for a replacement for you, but it can’t be ruled out completely.

They can't fire you as far as I understand it.

They can’t fire you but you’re only entitled to the same job if you take 6 months or less. Any more and they can offer a different job, if for example there’s been a reorganisation while you weren’t there, but it can’t be a demotion or different T & C.

https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/returning-to-work-after-having-a-baby

From a parent and student perspective, it's important to have some stability. And from an SLT perspective, it's easier to recruit a high quality permanent teacher than a high quality temporary teacher. The school is presumably balancing those two perspectives against the risk of having 2 teachers if you return full time after your maternity leave. Experience has probably taught them that there is a high chance that you will want to return part-time or not at all, but they are not allowed to ask you your plans.

Perhaps they're anticipating the government's new focus on providing a quality education.