Is this legal? Going back part-time...

[jesstangle]

I'm currently on maternity leave, going back to work in November when DD is 12 months. Work have always been very supportive of me going back on a part-time basis -have been at the company for 10 years and have worked very hard to get to my current role, which is as the head of a department.
When I was pregnant we talked about me coming back to work and agreed I could do three days a week, they'd work the details out later.
I am now in discussions with my line manager about how this may work. There are two options, 1 - that I do a straight job share with someone else who also has children - I do three days, she does two days. She's got great experience and I have great faith that we could work well together. Option 2 (and my boss's prefered option) is that the person doing my maternity cover continues in the role full-time and I go back part-time. We would haver the SAME job title and my deputy would be made redundant.

I feel that this option would result in me effectively doing the deputy's job. And therefore I'd effectively be taking a demotion. My boss is saying that we'd share the deputy's duties between us, but I feel that because I'd be the part-time member of staff, the full-time member would naturally take charge.
Don't get me wrong, this isn't about my ego! I work as a designer, so there are creative decisions to be made and ultimately I have been responsible for them. It's all very subjective, so one person really has to be in charge.
More to the point, the lady doing my mat leave was doing my role - if she continues-on, surely she'll be replacing me?
Am I entitled to keep my job?? I really care about my career!

In addition to this, my boss's last email hinted that she'd need to feel 100% happy with the situation before granting my request to go part-time. i.e. there's a chance she wouldn't allow me to come back on a part-time basis.

Any advice? I'm getting worried....

There is a procedure for requesting p/t work, and you and your employer both need to follow this. The criteria for refusing a request is clearly laid out. So, it's not an automatic right.

My understanding is that as you have opted for additional maternity leave, over and above statutory, your employer does not legally have to keep the exact post open for you, but does have to offer you a post of the same status and salary.

However, you are not planning to return to the same job anyway, as that was full time.
I can't see why you are assuming that if you have the same job title as another employee, and are working at the same level, that you will end up as 'deputy'? I think being realistic, you may feel a little 'out of the loop', simply because someone in work full time is physically there more, attends all meetings etc. But presumably you feel there are advantages to your going p/t so its a trade off.

It sounds as though your employer is very happy with the person who has covered your role in maternity leave, and that as you aren't intending to return f/t, the employer is looking at a way of keeping them on, which ultimately makes sense for the business.

I sense that you're feeling a bit threatened by this? I don't think there's any reason to. I think you need to accept that you don't want your old job back, 5 days a week, and therefore you are returning to a new structure, which should be fine.

Just whizzing through and don't know a lot about this situation, but surely your boss cannot make your deputy redundant just because he fancies divvying up the work in a different way? The role of deputy and all the duties associated with it still exist?

Sounds like a re-structuring though doesn't it? Moving from one F/T Head of dept plus deputy, to running the dept with 1.6 staffing? Of course, redundancy procedures would need to be followed, but there is no reason in theory why a company can't re structure. The OP mentions this is the boss's preferred option, so I am assuming there are other aspects (unrelated to the whole maternity issue) which make it favourable to the boss.

Thanks for replying violethill. I see what you're saying, and I guess you're right to think that I feel threatened.
My problem with this solution is that I have worked so hard to get to my current role, and I really think that job sharing with someone else would work. But the combination of losing my assistant and going back part-time leaves be feeling like I would be somewhat side-lined.