Returning from maternity leave - offered diff role and location

[daisylulu]

I met with my boss on Monday to discuss the details of my return to work. I prompted the meeting as I wanted to take 4 weeks of holiday at the end of my maternity leave and I also wanted to discuss the possibility of leaving one hour early each day so that I can be home for DDs bedtime (I already only work 3 days per week).

Well my boss started off the conversation by saying he wasn't sure if the department and office I currently work in would be best for me after I return, as I have a relatively long commute, and he then said he felt I might be better off in a regional office doing a different role - my role is currently research based, if I moved to a regional office it would be customer service based.

I was totally unprepared for this and felt very upset as I love my job. My boss then started telling me how I wouldfind it hard to do my current role with a baby as I would be 'very squeezed' and wouldn't be able to put in the hours required - he didn't even ask what my childcare arrangements are.

I am embarrassed to say that I became upset (was totally unprepared for this- have always done well at my job and had good feedback). So i asked my boss if he no longer had room for me to which he admitted he is under press to reduce headcount. I have found out that while I have been on maternity leave he has taken on someone, permanently, on a part
time basis, doing my exact role.

The conversation was left that he would speak to the regional office as to whether they definitely had space for me and he would then email me to let me know. He told me he would email me within a few days- well a week has passed and I have heard nothing. Having done my own research I think what he is doing is illegal as I have a right to return to my old role.

Sorry for the longwinded post but I am unsure what to do now. Should I email my boss outlining the conversation? I feel like since I went in he may have spoken to HR and realised what he has done is wrong. I don't go back for another 3 months but I need to know where I am going to be working and also that I will be able to leave one hour early each day. I feel sick at the thought of returning to my old role where my boss has made it clear i won't be able to do a good job. Equally I don't want to go to a regional office doing a totally different role.

Thanks for reading this far (sorry for any typos on iPhone and can't scroll back). Any thoughts on how to handle this much appreciated.

What have you had in writing? Has any of this confirmation been confirmed by either of you by email?

What do you want to happen?

How long are you taking off? ie more than 26 weeks or not.

Do you have any mobility clauses in your contract?

How long have you worked there?

Subject to your answers above the short answer is that if they are over headcount that is their problem and you have the right to return to the same job in ordinary maternity leave (up to 26 weeks) or a job of similar and equal standing (26-52 weeks). If they wish to substantially change your terms and conditions (and new location and duties is substantial) they must consult with you and you have the right to decline. If they insist there is potential for you to claim constructive dismissal and/or pregnancy/maternity discrimination as they will have breached your employment contract.

What they cannot do is move you to another role because they recruited someone else to do your job while you were on maternity leave.

Your boss has opened the company up for legal action because you have an absolute right to return to the same or similar role after maternity leave.

Definately write to your boss, with a copy to HR, outlining the conversation and ask for his confirmation in writing that what you've written is correct. I'll bet that once HR have the letter he'll be singing a different tune.

Thank you for the speedy responses.

Nothing in writing yet- boss said he'd email but hasn't.

Have worked for company for 12 years. Yes there is a mobility clause in contract- I used to work in the aforementioned regional office but left 2 years ago after I lost my DS 5 months into my first pregnancy as i no longer wanted to deal with clients - so it was agreed I'd move to my current research based role which I loved and have always been good at.

I want to return to my current role although feel my boss could make things tricky when I return.

I think I will send an email outlining the conversation which we had.

Oh and I'm taking 52 weeks off...

I'll post properly later but my initial reaction is this manager is just a bit of a twit and doesn't know or understand the legal implications of what he's said. Once he realises or has it pointed out to him you may well find the problem goes away so don't panic yet.

I will be back with proper links after dinner when DS is in bed.

Thanks so much. I think you are right- I'm just surprised as my boss is a very senior partner who has run his own sector for some time so you'd have thought he'd be more clued up

Sorry I never made it back last night.

I am never surprised at people's capacity to be spectacularly uninformed about employment law regardless of size of organisation or industry sadly. I felt a bit better when I worked that out

Depending on the wording of your mobility clause you may have some issues but without knowing the detail it is hard to say. If it says you can be moved to another role at same grade or similar you may have a problem. If it just relates to location that's a different matter.

Just FYI an employer does not have to give you the exact same job back if you take more than 26 weeks maternity leave "if it is not reasonably practicable" to return. In your situation you say your employer has recruited someone else on a permanent contract to do your job. Because of this any argument about being over headcount is not a reasonable or lawful one - they have caused the situation so you could potentially claim constructive dismissal and pregnancy/maternity discrimination if they then tried to move you elsewhere because of their actions.

I think sending an email regarding the conversation is a good idea. Keep it friendly but firm. Something along the lines of....

Dear X

Just to confirm after our meeting last Monday (X Jan 2012) where we discussed my return to work after maternity leave. I would like to thank you for your concern that my role may now be too demanding, as I am now a mother, and that it might be better for me to move to another role upon my return from maternity leave but I can assure you that this in not a concern I share and that you need not take any trouble to look for another role for me. I enjoy my current role very much and I am looking forward to returning to it on .

I would like to formally request that I can take my accrued annual leave of 4 weeks from X date which will make the date I return to X office X date. I hope this will also be useful to you because it will give you al little longer to resolve the issue of the department being over headcount that you mentioned at our meeting.

Yours sincerely

daisylulu

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You could also add a final paragraph about flexible working but I haven't added that because I'm not sure how you propose to leave an hour early and still do your hours.

I think that's a good opening gambit. It confirms what he told you; it isn't rude but it makes the point not to mess with you; it gives you a record of what was said. You may wish to CC it to HR. Particularly if you wish to make a flexible working application - you could say something like you want to make an application but you're not sure of the process so you have cc'd HR in so they can send you the forms. Sneaky but effective

Have you thought about requesting some Keeping in Touch days? Being visible in the office may not be a bad thing.

Useful links that are worth a read but aren't necessary yet as the problem may go away on its own after your email:
DirectGov link about returning to work after maternity leave

Businesslink page covering returning from maternity leave and avoiding potential claims of discrimination and constructive dismissal

Katie thank you SO much this is so useful. I really appreciate the advice. I plan to send this email later this week and will also add a paragraph re the flexible working- I'll update as to how I get on. Thanks again so much

You're welcome. Good luck :)