Were you given a different role after mat leave?

[TheDayAfterTomorrow]

Hi,

I worked for a very small family run company (not my family, I was the first non-family staff member)

I was a recruitment consultant working Monday-Friday, built my desk up to be incredibly successful. Worked really hard, worked the day before my wedding because they were understaffed and worked right up until a week before my baby was born. Loved my job, got on great with the whole team.

However, when I was due to return from my maternity leave obviously they had covered my desk with a new member of staff, they also had an admin worker 2 days a week.

I was offered the role of an admin assistant for 3 days a week.

I never asked for reduced hours, I just assumed I would go back to the same job. However, I was told I've been off too long and would need to re-learn everything, which I assumed would be done via training.

I was offered no keeping in touch days, nothing really. So I resigned, and got a place in university to study for my dream job as I can't risk this happening again.

I have nothing against working admin, however I'm trained at managerial level and have various qualifications to back this up, I don't want to do admin.

It's worked in my favour as I'm on a better path for my future, I'm just so annoyed by the whole thing.

Is it normal to be given a completely different job role? Especially one that's not even matching your original contracted hours?

I was offered my exact role with the option to apply for reduced hours.

Legally they had to offer my exact job back to me because I only took 6 months maternity leave.

The legal outline is on the government website: www.gov.uk/employee-rights-when-on-leave

It sounds as though the company acted illegally even if you took much longer off because the job you were offered doesn't sound similar or on similar terms and conditions (reduced hours) so you may have a case for discrimination. Pregnant then screwed could advise you better around this.

Sounds like constructive dismissal

I went into a different role on return but it was offered as the chance to do something different but it was alternative at the same level using my skills (hope that made sense).

I was fed up in my old role so happy to have a chance and sickeningly my mat leave replacement was actually good at my old job

If you are off up to 6 months i believe you are entitled to your exact same job.

If you are off 6-12 months i believe you are only entitled to the same level of job, not less favourable.

I don't think they were allowed to only offer you 3 days a week though.

How long were you off?

I took 8 months maternity and was furloughed from June to the end of July due to them not having enough work because of corona

Yes. Went on maternity leave and boss decided to move the whole team to London based, forgetting about me.

When I hadn't heard anything back about my building pass etc boss & her croney in HR tried to blame me saying I'd not said I was coming back. I forwarded the three 'read' emails and the copy signed for letters I'd sent months earlier with my proposed restart date on.

The company had to make up a job for me in a completely different department (at the same level). Boss & croney left not long afterwards.

They did me a favour, really. New department had better prospects and I've been promoted three times since.

I'm just struggling with it all really, I didn't do anything wrong and they're ignoring my requests for a reference (only for a part time job whilst studying) it's ridiculous really. I don't know how to approach them

Which role were you furloughed from? The admin role or the recruitment role? Did you ever actually return to the office?

@killerofmen the recruitment role, I never actually worked the admin role I resigned the day after I was offered it because I was so upset. I questioned it and was basically told I'd been off so long I couldn't do that role, and because their admin had to reduce her days to only two a week that I would be needed to make up her hours!

They really do sound like they've fucked up. 8 months entitles you to a role with comparable duties on the same pay.

Please get in touch with pregnant and screwed, they have lawyers who help women who have been treated with contempt because they dared to have a baby.

What they did was not legal. After an eight month absence you were entitled to return to your old role unless it was “not reasonably practical”. After a mere eight months of absence, I don’t think they could successfully argue that you forgetting things made it not reasonably practical.

However you could be time barred for making a claim as it sounds like this was a little while ago? As you resigned you would have to have made a claim for constructive dismissal within three months.

Sorry just reread and this was recent.

This is clear constructive dismissal.

@Florencex I resigned on the 1st August 2020 so not long ago xx

As you took more than 6 months your employer can give you a different job if it is not reasonably practicable for you to return to your old job. However, the new job must be on similar terms and conditions.

It sounds like your old job still exists but has been given to someone else and you have instead been offered a job on substantially worse terms. If that is the case it was almost certainly maternity discrimination. Consult a lawyer who specialises in employment law.

[quote TheDayAfterTomorrow]@Florencex I resigned on the 1st August 2020 so not long ago xx[/quote]
Yes I saw that late, I was thinking it was a long time because you mentioned going off studying etc. You definitely have a case to be answered here and it will be an easy win.

I would definitely seek advice regarding constructive dismissal. However you technically did return from maternity leave to your old role and were then furloughed. A vaguely legal sounding letter may be enough to get an agreed reference for you and then you can move on.

@killerofmen that's all I want, just a reference. I really liked the directors, I don't want to fall out. I just don't think they've handled this professionally and I want to end on good terms but I'm so upset that I've been treated like this. I just want to move on :(