Protection of employment following maternity leave

[PuddingAndHotMilk]

I've taken an extended sabbatical post maternity leave, during which time my mat leave cover has been confirmed into my role and I will be found a new job or made redundant when I return. Initial legal advice suggests this is illegal and I should take them to tribunal but I'm concerned about how long it might take, the psychological impact of this and really if I DO have the same rights under extended leave as I would under mat leave?

Either way it's pretty cynical and the feminist in me is angry but I'm also trying to balance 'doing the right thing' with 'doing the right thing for me' as my confidence has really taken a knock as a ftm with PND/anxiety so I'm keen not to take on a fight for the sake of it.

Would love the collective wisdom. Thanks.

Sabbaticals don't have any legal protected framework in the same way as the various types of statutory leave, on the basis that sabbaticals are not a legal entitlement and are purely on the basis of agreement between employer and employee.

I'm interested that the legal advice you've taken suggests you should take your employer to tribunal if they don't hold your job open for the duration of your sabbatical, but I can assure you that isn't the case.

I would expect there to be something in writing confirming the arrangements for your sabbatical, including what happens on your return, either in a letter or also in a policy if your employer has one. Have you anything in writing like that?

The paperwork states I'll return to my existing role 'if reasonably practicable' and if not to a role of equal level/Ts and Cs.
I spoke with HR while discussing the extended leave and asked about protection of employment and they said it was the same as under ML and they had to treat me fairly. I even used this precise example as a concern as I wouldn't have taken extended leave in that case.

Well they are wrong in that you have no specific legal protection when returning from a sabbatical, as a sabbatical isn't a legal thing, however they've opted in the letter to give you similar wording in terms of your right to return as you would get on maternity leave after the first 6 months, ie that you can return to your original post if reasonably practicable and if not to a post on no less favourable terms and conditions.

That doesn't however mean that you can take them to a tribunal if they make you redundant, as they are not expected to create a new job out of nothing just to accommodate you. It's obviously less likely to be "reasonably practicable" to put you back in your old job the longer you are away, but as they've said in your paperwork that they will return you to it if it is practicable, they will need to explain if it is not. If it isn't practicable, they should then look for an alternative, but if there isn't anything, then redundancy is a possibility.