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Treat of downgraded job title and role because of maternity leave

2 replies

anxiouslyirritated · 31/01/2014 19:31

Have name changed.
I have worked for a company for 3 years on a part time permant basis, working from home. Am about to go onto maternity leave. My appraisals have been good. The background is that all the other part time workers have been 'managed out' of the organisation.

My maternity post has been advertised as full term based in the office with a lower job title and no longer reports into the CEO but to an office administrator. . Does this effect me? When I return I presume that they will have to offer me my same job back on a part time basis at the same level . Is there anything I can do in the meantime to protect myself?

On a separate note, I have been told that while the company does offer enhanced maternity pay, it is only available to people who are having their first child. As I had my first child (even though it was 3 years before I joined the company) I am therefore not eligible. Because they are enhanced benefits, apparently this is not illegal. Can anyone confirm this? The HR person is very convinced that they are right but it sounds really unfair to me. I have also been advised that they are reviewing downgrading the enhanced benefits anyway to offer the statutory minimum so there is no point me 'making a fuss.' Can anyone confirm if this is correct?

Grateful for any advice, thank you

OP posts:
prh47bridge · 31/01/2014 23:10

Any arrangements they make for your maternity cover do not affect you.

If you only take ordinary maternity leave they must allow you to return to your current job. If you take additional maternity leave (i.e. more than 6 months) they don't have to allow you to return to your current job. They can instead offer you a similar job, which means it must have terms and conditions at least as good as your current job.

Your employer can set whatever conditions they want around any enhanced package they offer. I am not aware of any legal decisions around offering enhanced benefits for the first child only so it would be for the courts to decide whether or not this is legal. I can't immediately see any reason why it would not be.

anxiouslyirritated · 01/02/2014 17:23

Thank you so much. That's so helpful.

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