I’ve found an advert for my job!

[Lanny86]

I’m currently on maternity leave due to go back to work in May. At the start of February I put in a request for flexible working. I had a meeting to discuss a couple of weeks later where they said they feel it is a full time position and I need to present a better proposal of how it could work part time and that is how it has been left in the meantime. This week I came across a job advert that sounded very much like my job so I phoned the recruiter (with a different name) and they confirmed the company name, position and that the current manager is on ML but they don’t think she’ll come back. The job was posted a few days after I submitted my request for FW but before my meeting. Indicates to me they never had any intention to take my request seriously. Can they do this?

Phone ACAS. They'll probably just say that they were testing the water for potential candidates. Shady behaviour though.

I would prepare the revised proposal and submit it. I would also get as much evidence about the advertised role. If they refused your request for flexible working, will you return full-time?

How did you come across the job ad, are you looking for another role or did you suspect they might do this?

Are you willing to return FT if they decline your PT request?

If I’m honest, no I wouldn’t return ft. I just feel they are setting me on a task to fail. The job advert came up on my LinkedIn as ‘jobs I might be interested in’ I often have a look at jobs the same position as me just for a nosey but I have been looking for pt roles as I had a feeling I would be refused. This job just seemed too familiar which is why I called about it. Can they advertise a job of someone on maternity leave if they haven’t received notice?

Have you mentioned to anyone at work or connected with work that you wouldn't return full-time, even "in confidence"? I don't think it indicates they definitely would not consider a well thought out proposal but I would think they really consider it is a full-time role and would say they are just arranging a safety net in case you chose not to return to your previous role; much as you are doing in looking at other options as you have decided you don't want to return to your existing role / existing hours / work pattern.

I think though that as you don’t need to give notice that your aren’t coming back until quite close to your proposed return date they may need to at least start the ball rolling on recruitment as they will need a couple of months for advert to go out and be seen and people to reply, then sift through applicants and then of you aren’t coming back they can then arrange interviews.
They may also use this pool of applicants to find someone to job Share with you if they do feel that the role needs full time and you aren’t willing o come back full time

I don’t think you can really say anything unless you are able to come back full time and they tell you they have given your job to someone else

They aren't doing anything wrong unless they actually recruit and you intend to return.

Some jobs just don't lend to flexible working, it has to work for the employer just not what suits the employee.

Recruitment can take a while so they are getting the ball rolling in case you don't return.

Isn't there someone already covering your maternity leave, say on a maternity cover contract, that they could offer your role to in case you could not come back? If there is, the cover is potentially not very good, which strengthens your hand, but the company is also probably trying to hedge their bets.

Have you been away for more than 6 months. If so, I believe the company does not have an obligation to offer you back the same job when you come back from maternity - some employment bod will correct me if I am wrong - though most companies will.

”Can they advertise a job of someone on maternity leave if they haven’t received notice?”

They can’t appoint someone to your job and then tell you you can’t come back. But if they think you probably won’t come back (and it sounds like they’d be right) there’s not really anything wrong in starting the ball rolling, then if you do come back, they can stop the process.