Employment lawyers ( or experts) - anyone know the answers about these issues returning after maternity leave

[meb2006]

Hi. I am hoping that someone will know the answer to these 2 questions.
First my DH has said he is sure he has seen something recently (a case?) which said that those returning to work after maternity leave do not have to be treated in the same way as others who have not been on leave when it comes he thinks to salaries. He seems to think that it is ok, for say, the only returner in an office to receive a smaller pay rise then the rest of the office on this basis. I thought returners needed to be treated the same as others but maybe something has recently changed? Anyone know what he is talking about or is he wrong?
The second question - I may be confused here. I think that if you are only off for the 6 months leave then there is an obligation for your company to keep your role for you. I think however that if you take extended leave (say up to one year) that you may not get your exact role back although it needs to be something comparable. Again does anyone know where I have got this from and if it is correct?
Finally is this the right board to put this on or do you rhink "employment matters" is better - always confused about the difference between the 2!
Thanks a lot

I think your DH is wrong on salary but check www.tiger.gov.uk for the right rulings

EOC is a good source of info usually
this

Can't help on the salary stuff but you are right about the leave/job return

If you take OML you are entitled to your old job back, if you take AML you are entitled to an equivalent job
this

I think your DH is probably referring to Cadman v HSE (on the EOC website) which suggests that employers may be able to give smaller pay rises to women on maternity leave where a person who wasn't on maternity leave would have become more skilled than the person on maternity leave. In these circumstances the employer may be able to justify differences in pay rises.

Not an employment lawyer BTW, but had cause to look into this recently...

hi - after OML (6 months) you have a legal right to return to your old job or equivalent. If you take AML they don't have to ...
With regard to pay, your contractual rights still apply even if you have been on Mat leave so holiday will still accrue as will any pay rises etc ...
Agree with PP - check tiger.gov.uk

Many thanks for all the responses - will go to check case - depending on how recent this is it is probably what he read about (I suspect it was alluded to in a paper somewhere).

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