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My job has changed while I have been on maternity leave

6 replies

Marula · 03/03/2011 15:50

I have been off 9 months, and am my job description has changed as the department has been re organised. It is a job with more responsibilty

Do they have to advertise the new job? once I am back?
Will I automatically get it?
What happens if I don't and the person who has been bought in to do the new role while I was away gets it?

OP posts:
prh47bridge · 03/03/2011 17:47

As you have been off 9 months you are into Additional Maternity Leave. That means that your employer can argue that it is not reasonably practical for you to return to your original job, in which case they must offer you alternative work on the same terms and conditions. However, as they have re-organised and it sounds like your original job no longer exists they may be able to make you redundant. It might be a good idea to talk to them about what will happen when you return to work.

Marula · 03/03/2011 22:15

Yes that sound right.
Do they have to readvertise? As it is a new role?
And if someone with more experience goes for it are they obligated to find me work? Or is it redundancy?

OP posts:
Grevling · 03/03/2011 23:08

If they make you redundant while on mat leave and there are other suitible jobs you must be offered one.

prh47bridge · 03/03/2011 23:17

An employer is not under any obligation to advertise a role.

In a redundancy situation they must see if there are any other suitable roles within the company which can be offered to you. They should also see if there are any other alternatives to making you redundant. However, if there are no alternatives I'm afraid it is likely to be a redundancy if your old job no longer exists and they feel you are not the right candidate for the new role.

However, this may all be worrying over nothing. It is possible that the new role has been constructed with you in mind and that you will therefore get the job when you return.

Marula · 04/03/2011 07:48

I had heard that as the job has changed that they have to re-advertise it and I can apply. But I know others with more experience willnapply too if They do that.

OP posts:
prh47bridge · 04/03/2011 14:24

Your employer may have that as a policy but there is no law requiring them to advertise any job.

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