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Pay protection on return from mat leave

6 replies

Colliecollie · 01/03/2011 12:42

My job description is being changed while I'm on maternity leave for business reasons that I can't argue with. They are putting me on pay protection for a period so my current salary is frozen before being eventually dropped. Does the pay protection cover the right to return from mat leave to similar terms and conditions?

OP posts:
flowery · 01/03/2011 13:33

Assuming you are satisfied the the job changes and salary arrangements are fair and have been correctly implemented, then it sounds fine. Your right is to return on same (or similar) t&cs and you will be. Your salary will change at a later date, but you'll return from mat leave on the same figure as you are entitled to do.

Colliecollie · 01/03/2011 14:09

Thanks flowery.

OP posts:
Colliecollie · 02/03/2011 08:42

I'm not sure if I explained it right or if if makes any difference anyway, but my contract will change to a lower salary bracket now but my employer is making up the difference to my current salary for a good will period. Does it make any difference?

OP posts:
flowery · 02/03/2011 13:58

Not really. Your terms and conditions on return will be no less favourable, it's future salary that will be affected.

That's really a wider issue in terms of the changes they are making, whether they are consulting/implementing them correctly and you accept them.

Colliecollie · 02/03/2011 14:18

Thanks again flowery. I'm glad i asked here first before going to hr about my rights!
There is a 3 month period of consultation on lots of organisational changes, they have sent me the proposed job description and said I am not needed to work at the level i am on and they said the job role has changed significantly since I was employed, and that is true. I suppose they are doing things correctly.

OP posts:
flowery · 02/03/2011 14:22

No problem. Of course things like seniority can be considered as terms and conditions that need to be kept the same/equivalent, it's not necessarily just things like pay. But the bottom line is if the job has significantly changed due to major organisational change, one of the members of staff affected being on maternity leave doesn't mean they can't implement anything that is going to have an effect. The right to return on no less favourable terms is basically to prevent employers foisting maternity leavers off in lower jobs when they get back, it's not to prevent wholesale, genuinely required organisational change.

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