New job offer on return after AML - is this legal?

[cordeliaflyte]

Returning to work next week after 9 months maternity leave. Was told last week that my old job is not available to me (basically my superior has decided that she wants to combine a part of my old job with a lot of her job - to reduce her working hours - to create one new role MORE SENIOR to my old job, which leaves the rest of my old job as another separate role, which will be MORE JUNIOR to my old job). I have been given the choice of the two jobs. I have said that I am not prepared to take a less important job than before so the second option is not an option as far as I am concerned. However, the more senior job, while I've been told it will pay better (with no firm indication of how much better) is a MUCH more challenging role from a substance and work-life balance perspective. I feel that it is totally inappropriate for them to force me into this decision on return from maternity leave but feel quite powerless. I just want to go back to my old job, which I know and which I could manage alongside being a mum. I think it is quite unusual for someone to claim constructive dismissal etc. for being offered a more important job...but does anyone actually know the law in this area? Are they in any way in the wrong legally to make this offer? What is my fallback option?

not sure but sounds to me like if you declined both options they would have to make you redundant.

I think so they can, but you'd have to check your mat policy.
Where I work, your role is offered but the specifics of the role are not always the same, but within the same team / pay / level etc. If you apply for p/t or reduced hours, they can then offer another role if they feel that the business requirements wouldn't be met with the suggested hours.
When I went back to work, the girl doing my mat cover stayed on in the team and I only got a portion of my tasks back and picked up some other tasks, for the same pay. I felt pretty redundant for a while but the team was re-structed a while ago and my role was promoted.
If you weren't going back after mat leave and the department had been restructed while you were at work, would you be interested in the senior role or not?

If I was still at work I don't think it would be such a stark choice, as I would have been able to participate in the "restructuring" discussions and argue the case for my job staying intact (or agree to take on some incremental work without a dramatic change to the overall job spec). But in answer to your question, I would not have been interested in taking on her job in this form, no.

see this

hi CF. you have the right to return to your old job if it is still there, which is clearly isn't in this case. if your old job doesn't exist then you get priority for redeployment, which it sounds like they are offering you - your choice of the two roles. can oyu negotiate the more junior role but with protected salary?

I think that your right to return to our old role is only protected for the length of ordinary maternity leave (i.e. 6 months). If you return after or during a period of additional maternity leave the offered role has to be at a similar grade and pay but not the same. It would appear that neither of the two options are broadly similar in scope or pay hence they can't do it. You probably need to speak with an employment lawyer however.

Have a look at www.direct.gov.uk/Parents/Employment (sorry I can't do links). It says that you must be allowed to come back to your original job with your original terms and conditions even after additional maternity leave "unless it's not reasonably practical for them to take you back in your original job (eg because the job no longer exists)". If the job no longer exists they must offer you alternative work with the same terms and conditions as if you hadn't been absent. They would appear to be satisfying the latter criteria, and in offering you a choice of two jobs they would probably be held to be acting in a very reasonable way. However, it looks like the job COULD exist - your boss has just decided to re-structure in order to give herself what she wants. You do need an employment lawyer!!!! The bottom line though in employemnt law is always the same: how much do you want the job? If you make a major fuss you might technically get what you want but find your working life untenable. Also, always remember that most people don't actually get very much out of employment tribunals, even if they win.

www.workingfamilies.org.uk/asp/family_zone/fs_pr5_after_maternity.aspwhat sunnydelight said with some additional info. which might help.

Bullocks!

and again