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Issues returning to work after MAT leave

6 replies

Miraclemumtobe · 03/05/2019 10:28

I have previously posted on this subject whilst on MAT leave in regards to issues I pre-empted however now I have actually returned things are far worse than I predicted and I'm looking for advice.

Since returning to work 5 weeks ago I have been completely ostracised by the team. Whilst I was off a new team was created as well as management whereas I previously worked on my own in a specific company wide role. I had set tasks to complete each month with a lot of responsibility in terms of compliance & risk etc as well as financial. I am the only certified person within the company and have been doing this role for 5+ years.

Anyway this new team was created and my maternity was covered by 'Joe' who was brought over from a different department on a perm basis. My new line manager was previously a colleague from another team and I raised the concern I was not given the opportunity to apply for this management position - these concerns have not been addressed as of yet and I have accepted that there is now nothing I can do about it.

I have raised concerns with my line managers manger that there is not enough work for 2-3 people in the new team and that since my return I have literally nothing to do work wise (for 5 weeks I have sat at my desk for 8 hours a a day doing absolutely nothing work related) even though I have emailed her my previous roles & responsibilities as she requested.
In the meantime she has decided that 'Joe' will continue doing what he has been doing for the last 7 months i.e. my job, and she get back to me on what I will doing in the future. I have had to chase her and keep getting fobbed off.

So as to not waste my time I have been doing online training courses etc to demonstrate some form of working.

where do I go from here? I was under the impression that employers are not able to change your role/job description whilst on maternity leave but am I covered by this as it has effectively only changed since my return.

Can anyone advise?

OP posts:
Lazypuppy · 04/05/2019 10:10

How long were you off? I thought anything over 6 or 9 months your employer didn't have to give you your exact same job back, but the new job shouldn't be less favourable in terms of t&cs or money but i'm not 100% legally on this.

Miraclemumtobe · 04/05/2019 19:03

I've been off for 6 months. There hasn't been any changes to salary or hours etc. I was wondering if they could legally change my role?

OP posts:
Lazypuppy · 04/05/2019 19:09

If you returned at the end of ordinary maternity leave (26 weeks/6months) you are entitled to your previous role back. But i'm not sure if that can be changed if there has been a restructure

Miraclemumtobe · 04/05/2019 19:43

Thanks for the advice.

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toucandance · 04/05/2019 19:52

That's not right. Even if you've been off 6 months or more you have the right to return to the same job, the only exception is if the employer can proof it's not reasonably practicable to allow you to do so. It's very very hard for them to prove this.

If there is a restructuring they have to consult you in the same way as they would do any other employee (they cannot wait until you return). If your role is at risk you have a right (ahead if other colleagues) to any equivalent role as long as you can do it (ie you don't have to be the best candidate).

It sounds as if they have ignored this and put you back in a role and you hitch doesn't really exist. Do you have a union ? If not I would speak to a solicitor or the CAB or ACAS and consider a formal grievance

Miraclemumtobe · 04/05/2019 20:59

Thanks toucan. I was of the same understanding but a little confused as once I've returned I'm no longer covered by maternity laws.

Think I'll have get a change of responsibilities confirmed in writing before I proceed.

No union but will contact ACAS in due course.

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