Being down-banded whilst on maternity leave

[tellnoonesantaisnotreal]

My employer has announced proposals for a large scale restructuring. In it they have said that my job will be down-banded. I am on maternity leave for another 11 months so changes will be done by the time I return.

They will rewrite my job description and it will be banded accordingly (by set industry rules on levels of responsibility and pay). There is no actual guarantee that I will only drop one band, although that's what they put in the proposal.

I think that because I am having extended mat leave that I lose the right to return to the same job? But I should return to the same terms and conditions? Or is it because they can say my original job no longer exists and so I am offered the new reduced band job?

Is there anything in law that could help me? Or should I accept that what is happening?

I know I am lucky to still be offered a job, a large number of people will be made redundant in the proposals.

Give these guys a call or email and check your legal position: www.maternityaction.org.uk/

Good luck.

Thanks workingmum101, that's a really good website. But unfortunately they can't give advice on individual circumstances.

If anyone can give me some advice it would be really appreciated.

I'm the op!! Finally changed from my Christmas nickname.

Hopeful bump

Last bump before I get me coat.

I suspect that they can do this because your old job or equivalent no longer exists. They do have to ensure you are kept informed though. If higher banded jobs are advertised you have the right to apply for them without prejudice.

That's what I suspected too Northernlurker, I don't think there is anything I can say or do about this, other than try and ensure my responsibilities are not taken away to the point that I could drop more than one band. They are going to keep me informed about changes to the job description.

I don't think I would be ready to apply for a different job at this stage in my life, during mat leave or on return to work, plus I am part time and there are plenty of other staff who would be competing.

Actually, that has made me think, is there a possibility that other staff 'at risk' could be able to compete with me for my re-banded job?

Agree with Northernlurker - this isn't about being discriminated against because you're on maternity leave, it's something which would happen regardless of your position. FWIW, I was made redundant when i was on my second mat leave. However, as 55% of my department were made redundant, I really couldn't argue that I was being discriminated against. I was kept fully informed, and did have the right to apply for other positions within my company. Along with all the other 'displaced' people, I would ahve had preference for a position for which I was qualified in my company. As it was, I was quite pleased to be amde redundant (after the first shock was over) as I wasn't really happy where I was.

Also, another point is that, although I did not return to work after mat leave, I was still entitled to my bonus and perks etc, and did not have to repay any of my enhanced maternity pay as the company had got rid of my position rather than me choosing not to return to work.

I would personally be happy with a redundancy settlement too Poledra (im not particularly happy with my work either) but financially it is not a good option for us.
Thanks for all the responses.