Do they have to offer me this job?

[Maranello]

I'm due to return from maternity leave soon; in my absence, my job has been shared out among a number of people. There are now plans for a new structure, but I'm unsure where it leaves me.

There are two main components to my job, they each take up about half my time. There is now a plan that would involve taking one half of my responsibilities and turning them (plus some extra ones) into a new job. I have been told, informally, that I can of course apply for this job.

But should I be offered it automatically? My job as it was is ceasing to exist, and the half that would be left isn't enough in its own right; there's no suggestion of anything else being added to it, which makes me think they haven't really thought it through - they've admitted they weren't aware that the half they're proposing to take away was part of my job at all! But it is in my written job description.

What do I do? The plans seem to be half-formed, and nothing has been put to me formally. I can't start spouting my rights either, as I'm not quite sure where I stand.

hopeful bump

How long have you been off?

They don't have to offer you the job automatically. If you've been off greater than 6 months they have to offer you a suitable job which may or may not be this one.

Thanks seeyoukay.

I'll have taken the full 12 months ML. So I know I don't have to be offered my exact job back (though I don't think the managers I'm dealing with so far know much about the law TBH! Hasn't got to HR yet, I don't think).

But they aren't really offering me anything much as it stands - I can apply for this new job, which is mostly made up of my existing responsibilities, plus some new stuff that I am absolutely qualified to do, but with no guarantee of getting it (in fact, I hear separately that they have someone else in mind).

They seemed to assume that I would just stay with my existing job title, doing the bit of the job that hadn't been shifted - but that's only half a job, really. And I thought that even if they didn't have to give me my exact job back, they needed to offer me something that had the same t&cs and wasn't "less favourable"?

They don't have to offer you this job, they need to offer you a suitable job on no less favourable terms and conditions. You talk about them seeming to assume you'll return to your old job in some form, but at the moment it's all too vague.

As you are returning soon you should write to them, confirming your return date and asking them to confirm what job you will be returning to. Once you have that, if you feel the job isn't suitable, you can raise your concerns.