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Original poster

Surely they can't do this

17 replies

csmw · 07/02/2020 23:09

I'm currently on maternity leave which started a few weeks ago, I've had to take leave early as a flexible working request I put in was ignored.

I have just been informed that my role has been offered to someone else as a bit of a sweetener.

Basically a new senior manager has gone into one of my units, he wants rid of a current line manager and to bring across a manager from his previous unit, the current manager has said he will only go if he gets my role and so has been offered my job on a permanent basis to move.

They can't do this right, what's my best course of action?

OP posts:

Dr273 · 07/02/2020 23:15

They can. They have to offer you the same, equivalent, or better role. They do not have to keep your role.

Original poster

csmw · 07/02/2020 23:18

@dr273 so far with the online advice I'm gathering is that I'm entitled to return to the exact same job within 26 weeks, I've been off less than 4 so far.

OP posts:

Clymene · 07/02/2020 23:24

That's not true @Dr273. If the OP is away for more than 26 weeks, then she can be offered an equivalent position. If it's under, she has to have her old job.

www.gov.uk/employee-rights-when-on-leave

OP - I'd talk to an employment lawyer. It's worth spending a hundred quid to get some advice. They sound v shoddy

LangClegsInSpace · 07/02/2020 23:30

No they can't do this.

If you take up to 26 weeks off they have to offer you the same job back.

After 26 weeks they can in very limited circumstances offer you a different job. They are not allowed to offer you a different job if your old job still exists but they've just given it to someone else.

LangClegsInSpace · 07/02/2020 23:36

maternityaction.org.uk/advice-line/

prh47bridge · 08/02/2020 00:57

You are right. They can't do this. If you return within 26 weeks you are entitled to your old job back. Even after that you are entitled to your old job if it still exists. They can give it to someone else on a temporary basis but not permanently.

If you tried to take them to tribunal at this stage they might say that the role the current manager has been offered is a new role and you can still return to your old role. So for now I think all you can really do is remind them of the law and point out that it is unfair dismissal and pregnancy discrimination if you aren't given your old job back when you return.

If they don't give you your job back when you return you can take them to tribunal.

RachB2020 · 08/02/2020 09:44

Shocked to say my employer had a performance review with me yesterday, I’m 12 weeks and 5 days pregnant and he claims he is dissapointed in my performance over the past 4-5 weeks. Is this even allowed? He couldn’t give me any examples of these sudden issues raised and claims I’ve made the management team frustrated with the constant need of direction. Any advice or anyone been through anything similar?!

HasaDigaEebowai · 08/02/2020 09:50

You need your own thread but yes of course he can tell you he's disappointed in your performance. Being in the early stages of pregnancy doesn't give you a get out of jail free card. What he can't do without running the risk of being sued for it is use this as an excuse to get rid of you if it isn't true and he can't demonstrate it if its actually because you're pregnant.

RachB2020 · 08/02/2020 09:56

I’m new to this, how do I get my own thread ?

understandable needs of the business - however my tiredness concerns where raised 5 weeks ago at my first performance review where I stated I felt like a burden at work he also mentioned reducing my workload before giving me an opportunity to improve on performance? Any advice on that

HasaDigaEebowai · 08/02/2020 09:58

Click onto the topic employment issues and then it allows you at the top to start a new thread. But I'm an employment solicitor and Ive given you the answer now. Did you tell him you are pregnant? Clearly that is potentially mitigation if your tiredness (which would have been at seven weeks pregnant?) is actually pregnancy related and you can evidence that.

RachB2020 · 08/02/2020 10:02

Yes, I told them at 6 weeks where they carried a risk assessment out and asked how I was feeling which I said fine but tired and have done ever since - Ive always performed well even had a pay rise due to high performance at work around December which is why I was just concerned whether this is discrimination against pregnancy with the sudden issues being brought up since becoming pregnant or I’m just being in denial about my performance at work.

Rosehipbubbles · 08/02/2020 10:02

You need you own thread
Create new thread down the bottom.

OP - it is worth spending some time before the baby comes getting your duck in row now on this. You have the time now to understand the law, call the advice lines, drop an email to HR - so do it incase you need to be firm with your facts further down the line.

RachB2020 · 08/02/2020 10:02

Thank you for your advice also x

HasaDigaEebowai · 08/02/2020 10:09

RachB2020 if his attitude towards you has changed since you've announced your pregnancy and you told him about the tiredness then you would potentially have a claim if you were then dismissed for your tiredness.

RachB2020 · 08/02/2020 10:22

Thank you, there hasn’t been any talk of dismissal it’s just more the point this is so out the blue. Thank you

Mummyzzz044 · 08/02/2020 10:44

@Rachb2020

He is treating you differently since you announced your pregnant. That's discrimination. Believe me they will not want that being looked into.
I'm on maternity leave at the minute. When I was in work anything I needed to make my job more comfortable they did. They would have bent over backwards for me. Like they do with all the pregnant women.

Tell him that he is stressing you out. Which he clearly is. Its not good for you or the baby and he will back off.

RachB2020 · 08/02/2020 10:50

100% causing me stress, thank you for this advice. X

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