Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

legal advice needed - discrimination on return from maternity

4 replies

Helish · 03/06/2015 20:57

I received a letter from my HR dept today (my mat leave officially ended on Monday and I'm now on leave for a few weeks) stating that due to business continuity reasons they weren't able to give me my original job but a role would be created for me on the same salary, hours. I didn't think they could do such a thing and let my maternity cover stay in my role once i'm back at work?

OP posts:
Rudawakening · 03/06/2015 20:59

I thought that they had to give you a job back at your old salary and hours but not necessarily the same role.

I could be wrong though.

ceeveebee · 03/06/2015 21:01

How long did you take? As far as I know, if you return within the first 6 months, they have to give you your old job back. If you return in the 2nd 6 months they have to give you a job with equal terms, salary etc.

OddBoots · 03/06/2015 21:01

How long have you been on maternity leave? As far as I know they can do this if you have been away more than 6 months.

maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/discriminationduringmaternityleave.pdf

"What are my rights on return from
additional maternity leave (AML)?

If you return to work during or at the end of
AML you are entitled to return to exactly the
same job but if your employer can show that
it is not reasonably practicable for you to
return to the same job, you are entitled to be
offered a suitable alternative job on similar
terms and conditions. Your employer must
prove that it is not reasonably practicable for
you to return. For example, it is likely to be
unfair dismissal and/or sex discrimination if
your maternity cover is taken on in your role
and you are offered an alternative job. If you
are offered a different job on return from
maternity leave you should get legal advice
about a claim for sex discrimination."

Helish · 03/06/2015 21:30

I've taken a year. Would reasonably practicable count if they're saying they want a 'continuity of business personnel' so they're keeping my maternity cover in the role? It's quite a vague definition so I'm not sure what it covers

OP posts:
New posts on this thread. Refresh page