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Original poster

refusing to give my work back

155 replies

Cherrybalm · 27/08/2020 15:15

hi all,

I have been on maternity leave for 6 months, due to go back in a month. my colleague who is covering my work is now refusing to give me back my area of expertise. I can't say too much what that is because potentially outing but I have a feeling because of the pandemic she doesnt want to become expendable as the work I do is a fair amount. I do get it, I really do but I have been with the company much longer and all my external customers are expecting my return. she is digging her heels in, causing a scene about it and citing how unfair it is that she trained to cover me and is now having it removed. surely when you agree to cover someones maternity you know full well that it is a cover position?

its made me dread returning now

OP posts:

Waveysnail · 27/08/2020 15:16

Surely it's up to the bosses to decide

Original poster

Cherrybalm · 27/08/2020 15:16

just to add, my manager is a push over in the nicest way and a people pleaser so is not being particularly helpful. not sure what my rights are here

OP posts:

Sayitagainwhydontyou · 27/08/2020 15:16

Talk to your manager.

Original poster

Cherrybalm · 27/08/2020 15:17

but surely when you go on maternity you have the right to return to the same, or if not, equal job/role?

OP posts:

Wfhwith3yearold · 27/08/2020 15:17

Speak to your manager. She was hired as maternity cover. What did she think was going to happen?

Original poster

Cherrybalm · 27/08/2020 15:18

she wasnt actually hired externally, she works for the same team in a different area. she has decided, however, that she prefers my work to her own and is not happy about returning it now

OP posts:

Sayitagainwhydontyou · 27/08/2020 15:19

Crosspost. In that case, when you get back I'd be sending an email to each of your clients, with your cover and your manager in CC, saying basically "im back, thanks to XX for all her hard work while i was away, really excited to see what you got up to, lets schedule a catchup to hand back over so we can all get back to normal."

Wfhwith3yearold · 27/08/2020 15:20

She still would have been told its temporary. If your manager won't deal with it, take legal advice then go over her head.

Acas would be a good place to start.

honeygirlz · 27/08/2020 15:21

Sounds like this is a case of who shouts the loudest.

Your manager is a wimp, if s/he thinks it's easier to placate her than you, then she will win. Make a fuss, demand your rights.

Centaurpede · 27/08/2020 15:22

It's up to your manager to decide not her. They can legally make you go back to an different role at the same pay if you've been off for more than 6 months but they'd need a good reason for doing so. You've have a good case for suing for discrimination if they did though, as someone else wanting to do it isn't really a good reason.

MrsPaddyGrant · 27/08/2020 15:24

Your manager absolutely has to deal with this - you aren't necessarily entitled to return to the exact same job but you are entitled to return to a job at the same level etc. And your manager should have been discussing and planning your return to work with you - so any planned changes to your role should have been discussed with you - did you do any KIT days?

I don't really understand how this has become between the 2 of you instead of your manager dealing with this. Don't get embroiled with the other individual - just ask for a meeting with your manager to discuss your return.

Florencex · 27/08/2020 15:25

Did you take ordinary maternity leave or additional maternity leave?

If you only took ordinary maternity leave then you have the right to return to your old role. If you took advanced maternity leave then you have the right to return to your old role unless it is “not reasonably practical”.

I do not think the mat cover preferring your role to her own would stand up as being a “not reasonably practical” reason for not giving you back your exact role.

I would point this out to your manager and request that they deals with it. If they do not, involve your HR department.

Original poster

Cherrybalm · 27/08/2020 15:25

I'm already feeling a bit anxious as leaving baby, I've been out for half a year and didnt want to feel pushed out, now I feel like thats exactly what is happening. feels outrageous that I've spent 8 years getting to the point I am to then potentially be put back down to the bottom and basic work because I had a baby :( just doesnt seem fair

OP posts:

SleepingStandingUp · 27/08/2020 15:25

Well what is your mananger saying?
If he procrastinating hoping you'll sort it when you come back or "aw bit Mary really loves being the dog permer, you'd be fine doing dog nails"?

Do you have a HR department?

I think you need a meeting with him saying "so I'm confirming that I'm back on X, I'll be returning back to dog perming with the existing clients and Mary will go back to dog nails" and see what is said then escalate it upwards

ithinkiveseenthisfilmbefore · 27/08/2020 15:26

Shout politely but louder. You are returning from maternity leave as planned and have rights to return to your job.

LemonyFace · 27/08/2020 15:27

You've the law on your side, you're entitled to your job back. I'm afraid, as PP said, if it's a case of who shouts loudest then you need to demand your own Job back.

Florencex · 27/08/2020 15:28

@SleepingStandingUp

Well what is your mananger saying? If he procrastinating hoping you'll sort it when you come back or "aw bit Mary really loves being the dog permer, you'd be fine doing dog nails"?

Do you have a HR department?

Well in that case, as you ha e only taken ordinary maternity leave (6 months) you absolutely are entitled to go back to your old role if it still exists (which it does).

CuriousaboutSamphire · 27/08/2020 15:28

Remind your manager he has legal obligations and her retaining the work she took on as temporary cover breaks them!

You cannpt be forced back down top the bootom, pregnancy is a pretected characteristic, they would be actively discriminating against you if you lost money or position because of it!

TweeBree · 27/08/2020 15:35

That's a CF if I ever saw one. If she starts whinging, you need to challenge it in a brisk, professional tone: "What do you mean?" "I'm resuming my normal duties. If you need additional work, you'll need to speak to your line manager". If she refuses to hand over files, cc in the boss. If boss is useless, "I'm extremely uncomfortable with this. I'd like to met with HR to clarify". Make it very clear you aren't dropping it.

Original poster

Cherrybalm · 27/08/2020 15:43

it initially started because she emailed me asking I wonder what you will be given when you return. I thought she was alluding that we had taken some more stuff on and what part of that I would be given. I replied querying, and she goes oh no I mean because I have your old work so wonder what there will be left for you to have and it has gone from there. I will be absolutely fuming if my manager allows this - it would probably make me leave and move to another department, I would feel so unvalued

OP posts:

Merryoldgoat · 27/08/2020 15:45

Is your company of the size that has an HR division?

If so I would remind your manager there is a legal requirement that you are allowed to return to the same job as you’ve only been off 6 months and that you will be involving HR if the matter isn’t resolved promptly.

Strictly1 · 27/08/2020 15:48

The law is on your side - don't panic. If it continues and your boss is useless talk to HR. Good luck.

ChateauMargaux · 27/08/2020 15:49

The law is on your side.. send a email to your boss, copy in HR, say that it is inappropriate and illegal that you colleague is communicating with you in this manner and that you would appreciate if she / he step in to make this perfectly clear in advance of your return.

Original poster

Cherrybalm · 27/08/2020 15:49

by the time I go back it will be 7 months so will have just pushed into the additional leave bracket. however, there isnt really another role that would be similar or equal to what mine was, we have those good relations with these external customers based on my hardwork over the past few years. I will email my manager initially and see what they say. yes we do have a HR department fortunately. I just wasnt sure what my rights were in terms of essentially being "demoted" in terms of the work I was given.

OP posts:

ChateauMargaux · 27/08/2020 15:50

If your boss does not respond positively, consult with ACAS and ask their advice.

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