Maternity advice!!

[jthom1994]

Hi everyone, I'm new here so not sure if I'm posting this in the right bit (sorry!)

I have been doing my job for 4 years now (5 in September) I am expecting a baby in October this year - my boss already knows due to taking time out for antenatal appointments etc, and since finding out he has been acting 'funny' with me. My job hasn't changed, I still do the same everyday as I did before I got pregnant.. it's all been OK until he told us he employed another girl to come and work in our office to do "spreadsheets"... which might sound OK to some people, but it's an unusual job to just start doing JUST spreadsheets - this is what he told me anyway. HOWEVER, other employees here have been asking me if I am coming back after my maternity leave - and at the moment I really don't know, but I am telling them yes I am returning after maternity just to keep everything going smoothly... I haven't yet discussed my maternity with HR here yet. ANYWAY so the people asking me if I'm coming back are looking at me all confused and gone out, and then saying "But there is a new girl here to replace you though?" and they claim this is what my boss has told them, that this girl is here to replace me already. I am confused, and not sure what to do as she starts on Monday, when I am actually on holiday for 2 weeks (which obviously I am entitled to) and I don't want to come back to her doing my job, and then I'm left with nothing to do?? Are they allowed to do this? Is my employer doing something 'shady'? I don't want to think too much into this, but are they allowed to give her my job while I'm actually still here, 4/5 months before my baby is due? Are they allowed to take things off of me for her to do, or would this be some sort of discrimination?

Please help, I can provide more information if I need to?? Hope this doesn't sound too silly..

xx

They are not allowed to fill your job permanently at all, until if and when you decide the resign. If you have been replaced by a permanent employee, you have been discriminated against. You are entitled to your job back when you return, so filling it permanently means you've lost your job before you even go on leave.

Go to HR immediately and get it in writing that this person is not filling your job, and that any person covering your position will do it on a temporary basis until your return.

Thanks so much for your reply!!

So when this girl starts on Monday, if I come back from my 2 week holiday and she is doing any of my jobs is this classed as discrimination? And I definitely have rights to say to HR about it to make sure she doesn't take over from me?

I feel so bad for the new girl, I'd hate to start at a new place and then be in the middle of all of this when she probably has no idea!!

Also the huge problem I have with her is the pay situation, I am on minimum wage which I have been begging for a pay rise since I found out I was pregnant - this new girl is older than me so in a different minimum wage band so she will legally be paid more than me. My company do make me quite annoyed a lot, but I'm too shy and nice to say anything!!

The employee hasn't even started yet, you don't know what they will be doing!

Employers can employ new staff and change the duties of existing staff. That is a different issue than returning to work after maternity leave, don't confuse the two.

Your job will need to be covered when you are away on maternity leave - perhaps they are just getting someone in early (which is not always the case unfortunately!) and giving them time to get up to speed.

It would be better to speak to someone rather than go off hearsay from colleagues. This does look like catastrophising, at least let them start!

If she is a direct, permanent replacement for you, then yes, you have been discriminated against. Your employer is absolutely not allowed under any circumstances to fill your job permanently.

You are entitled to your job now, and up until you return from maternity leave.

This exact situation happened to me. I created an absolute shit storm with my employer and on return from leave after raising two grievances I got my job back.

Go to HR and ask for an explanation of what this new person is doing, and how they intend to cover your position whilst you're on leave. You can also call ACAs who can help.

There is also a charity called 'pregnant then screwed' and they would be able to assist you too.

Do not let this drop - my employer is a huge nationwide company who thought they could get away with it, when really they should have known better. I suggest sending emails so you have a written trail of what has been said and make sure you keep a copy for your own records.

I'm going to give her a chance to start and see what happens when I come back from being away for 2 weeks. Obviously, if shes sat at my desk doing my job when I return I'd say she is my replacement.

I understand someone will need to be employed during my maternity leave, but surely employing them as a full time employee 4/5 months before I'm actually due to start my leave is a bit shady?

My partner tells me all the time I worry way too much, I think this is the case. This is my first child and my employer has always been the "we'll find a way round it" type of place.

I hope it all goes OK, and thanks for your guys reply

Have you actually spoken to your manager yet? Don't get all riled up about discrimination based on some colleagues thinking someone new employed 4.5 months before you start maternity leave is 'replacing' you and that this is permanent. You have no idea yet!

Ask your manager. Say your colleagues have said this new recruit is your maternity cover and you are wondering why she's started so early in that case, and can he just let you know what's happening.

Don't go running to HR without at least asking your manager the question!

And if your role and her role are both minimum wage jobs, it's not your company's fault that there are different NMW rates for different age groups. Yes there's an argument that this is age discrimination but at the moment that's the law, and your employer are allowed to differentiate in that way.

I haven't spoken to my manager yet, as I won't see him until tomorrow. I have asked him what her job is, and he ignores me when I ask. He is stubborn.

The minimum wage thing doesn't bother me too much.

I'm sure I will add again when I come back from my holiday, and it will be clear what she is employed to do after 2 weeks.

Thanks again

Also if my manager was to confirm she is my maternity cover, and he has employed her full time - what happens then?
Do I have to train her so early or can I refuse until nearer the time?

Sorry for all the questions which might seem stupid, I'm just completely clueless about the whole maternity thing.

please don't go wading in there now! You haven't been discriminated against until you've been told that your job isn't there when you come back from maternity leave, which is way off the situation here. If you feel the need to say anything, simply make it clear in writing that you are intending to return to your role following maternity leave (if you want to give a rough indication of duration, maybe do that).

She can be both your maternity cover and employed on a permanent basis without you having been discriminated against. As long as your job is there when you return, what she is hired to do is none of your business. Try not to panic.

Don't get het up. You are entitled to return to a role equivalent to your current role regardless of who does spreadsheets and when your maternity cover starts.
A good startin point is to find out whether she actually is your maternity cover, from your boss, rather than office gossip

I'm definitely not going in to talk about it yet.

I will definitely keep you guys updated on the situation when I'm back from holiday break.

Thanks again

”I'm definitely not going in to talk about it yet.”

Why on earth not? If your colleagues have told you she’s “replacing” you, just tell your manager that and ask for clarification as you are concerned.

As someone who is currently going through the employment tribunals system I would suggest that you sit tight at the moment. Do not ask verbally your manager but put everything in writing I.e emails. Send a polite email asking if she is indeed your maternity cover and whether you will be expected to train her up. She may have been employed early to fill another role or gap elsewhere but also to eventually be your mat leave cover too. As yet there is no discrimination against you. Equally time scales on employment issues are extremely tight. The discrimination needs to have have happened within the last 3 month's minus 1 day AND be lodged as a claim within that timescale. You also have to get ACAS involved which extends that time limit by 1 month after which if its not resolved they issue a certificate which allows you to take it to court. Are you part of a union? Its all fairly complex.

Also just for you at the moment (possibly for your legal info later on) document everything. Who (full names, date, time) told you that it was your replacement, who said permanent etc. I suspect that you won't actuary find out anything until you attempt to return after your maternity leave. Read your employers mat policy carefully, depending on how long you take off can affect which role you return to etc. Read up on employment rights with maternity and abide by all the timescales correctly. But ensure everything is documented. If you send emails then ensure you keep the responses attached to the original email. Don't break up the chain.

Thanks everyone, I will speak to my manager when I discuss my maternity leave start dates.

The only thing I am thinking about now, is if she is there doing my job when I come back off holiday. Really, she would have to move off from my desk and they wouldn't be able to let her do it? It's fully out of my control, and all the bosses/managers here are really stubborn (delete emails without replying, ignore when asked verbally etc)

And no, I'm not part of a union.

I never really knew much about the discrimination thing until it was mentioned here, but that's something that will happen next year.
My biggest concern at the minute is she's just going to take over my job before I have even left for maternity.

If this new lady is my maternity cover, and they ignore me every time I ask - eventually they will ask me to train her up, do I have to do this or can I say no because they never told me when I asked?

Like I said before, sorry for the stupid questions haha.

You can't refuse to train her, no. That's a reasonable request

You've moved into drama-llama territory now, OP.

You could clear this up easily with a chat but you'd rather imagine scenarios in your head

Your employer can change where you sit. They can change the duties that you do. None of that affects your return from maternity leave.

"My biggest concern at the minute is she's just going to take over my job before I have even left for maternity. "

Why are you concerned about that? When you come back from your holiday, just get on with your job as normal!

And no, if at some point you are asked to train your maternity cover, you can't refuse because you think you ought to have been told sooner.

Good grief!

Dosent matter if they ignore, delete, refuse to answer emails. If you have sent them then the onus is on them for their response to the queries asked.

No you can't refuse to train them up, someone will have to cover you whilst you are away best if its done the way you want, so you don't return to a pile of shit to sort out.

Again at the moment there is no discrimination. Go in and do your job as normal and see how the land lies. It may be that you eventually return from mat leave with no problems at all and all this is worry over nothing.

How long are you planning on taking? Do you have to return for a certain period after mat leave?(If they pay you more than Smp)