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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:
CuriousaboutSamphire · 27/08/2020 15:50

She emailed that?

Great! Keep it. Send it to your manager and copy in HR!

katy1213 · 27/08/2020 15:51

If the manager is a people pleaser, make sure he sees you as the one he needs to placate! And that you'll be escalating this so fast he won't know what's hit him.

Neighneigh · 27/08/2020 15:51

Get some advice on exactly what to say to your manager from the charity Maternity Action, you are legally protected and should go back to your contracted role

Strictly1 · 27/08/2020 15:53

I know someone this happened to - they left and then sued and walked away with £20000. Maternity is a tricky one to get away with as a manger.

StormTreader · 27/08/2020 15:54

" I replied querying, and she goes oh no I mean because I have your old work confused so wonder what there will be left for you to have"

Ok, this is horrific - did she say that in writing? She's basically saying "I'm in your job, you're basically redundant now".

You need to make sure you are the biggest problem for your manager, and that their easiest path back to peace is to give you your job back.
I would also be saying, as matter-of-factly as possible, that you'll be escalating this to HR if this isnt resolved ready for you to come back as scheduled.

Madcatperon · 27/08/2020 15:55

OP if you are returning to work after the end of your ordinary maternity leave, then you have a legal right to return to be the same job as you were doing before maternity leave. If you are retuning after additional leave then it should be to your own job unless " it is not reasonably practical" to do so.

Your maternity cover not wanting to vacate your role is not a "reasonably practicable " reason. I would email your manager setting out very clearly what your right are and that you are legally entitled to your old job back. If this does not yield the desired outcome, you been to escalate to HR or someone more senior.

OverTheRainbow88 · 27/08/2020 15:56

nd she goes oh no I mean because I have your old work confused 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 -

She either sounds very young, immature and naive or a manipulative bully... not sure which is worse. Don’t let her bully you out of your role.

Does do have a HR department? I would be speaking to them and your line manager ASAP. Don’t get into a discussion with your mat cover. Bypass her, it’s not her decision. Stand your ground, maybe do some reading around the law etc

Original poster
Cherrybalm · 27/08/2020 15:57

@StormTreader she said pretty much that, word for word. like she assumed she would be keeping it because she had been covering. like because I took time out to have my baby I'd essentially given up my work. it was clear at the start she was only covering me. emails were sent to all of my contacts saying how long I was off for and who my cover contact would be whilst I was out of office and the date I was returning. how she has gotten this into her head I really dont know

OP posts:
IntermittentParps · 27/08/2020 15:57

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

Yes. I agree with Madcatperons advice above.

SantaClaritaDiet · 27/08/2020 15:59

It's not up to you to ask your colleague anyway, it's up to the manager.
That's what they are for!

You have no idea what exact arrangements were made with her, what was promised and given to her - and no reason why you should, it's none of your business, and she has no idea about your own.

So your point of contact and discussion is manager and HR (if there's one).

justdontgothere · 27/08/2020 16:01

Jesus. So she basically prefers your job and doesn't want to return to her old role?! What did she think would happen after you'd had your baby? I can totally understand that you'd feel the awkward one having to escalate this and demand what is rightfully yours, but you absolutely must. If the company can't accommodate two of you in that role, or similar roles at that level, then that's just tough for her. Have you spoken to your manager yet?

SantaClaritaDiet · 27/08/2020 16:02

[quote Cherrybalm]@StormTreader she said pretty much that, word for word. like she assumed she would be keeping it because she had been covering. like because I took time out to have my baby I'd essentially given up my work. it was clear at the start she was only covering me. emails were sent to all of my contacts saying how long I was off for and who my cover contact would be whilst I was out of office and the date I was returning. how she has gotten this into her head I really dont know[/quote]
frankly, that has nothing to do with you and you shouldn't be concerned about it.

She started as your maternity cover, but you have no idea what was discussed with her, if she was mislead in any way, got a pay difference or whatever.

Your issue is not with your colleague, it's with your manager. Obviously you can't lose your job due to maternity, but that has nothing to do with a colleague who has no say in any of it - and whose business it's not!

suziedoozy · 27/08/2020 16:02

One question I would ask is if the manager even knows that she is sending you these emails?

If not she may be trying to oust you and convince you to change roles.

I would be tempted to email back cc’ing manager and saying something like

‘thank you for all your hard work, I appreciate it when I’ve been off on maternity leave. As discussed I am returning on X date and we can have a handover meeting then where you can get me up to date with how your cover has gone and anything I need to know.
Looking forward to getting back to my role...’

I wonder if she is trying to oust you sneakily🤔

Clearly if this doesn’t work HR all the way! But I wouldn’t get into discussion with her about it - she was covering your your job whilst you are on ML and when you return it’s back to normal.

Good luck

Confusedismyname · 27/08/2020 16:03

Wow! What a CF.

As others have said, email manager stating your rights and if no joy then please speak to HR.

ChateauMargaux · 27/08/2020 16:04

Do not engage with her anymore. Email... Thanks for looking after my clients while I was away, Doreen. I am.looking forward to hitting the ground running when I return.

Brainwave89 · 27/08/2020 16:04

Seven months away for maternity leave is quite normal, and I agree not a long time. Be firm. Push back and be clear that you have the long term relationship with these customers. Legally, you have to offered the same or equal work so push hard to make sure this is the case. Sounds like a right cow to me who is acting the diva in the hope she can marginalise you. See her off and be wary of how else she might look to act against you.

Original poster
Cherrybalm · 27/08/2020 16:04

@SantaClaritaDiet my point still remains, I should be entitled to go back to my original job or an equal one, like others have said in my thread. it doesnt matter what she was promised in terms of my rights, she emailed me aswell not the other way round, I would have had no clue any of this and would have just assumed I was returning back to my role. it certainly is my business to know what I am returning back to. not sure why you've taken such a funny tone with me Hmm

OP posts:
Letsgetbizzy · 27/08/2020 16:05

Just email your boss and say "madcoverlady" seems to be under the impression that she will be keeping Job A and Job b as part of her role when I return and we all know that that is part of my job. While I'm very grateful that madcoverlady has been covering parts of my role while I was on mat leave you'll need to make it clear to her that I will be resuming my role in full on my return including Job a and B. Im sure it is a misunderstanding. Kind regards @stormtreader

Original poster
Cherrybalm · 27/08/2020 16:07

thanks for the advice, my manager was fairly vague when initially emailed asking for a plan of action regarding my return. I will have to just say now I'm a bit concerned after receiving the email/s I have from mat cover

OP posts:
BlackAmericanoNoSugar · 27/08/2020 16:10

Email your manager back asking for assurance that you are going back to your original role. Ask her to let you know as early as possible so that you have time to seek legal advice if you need to.

Sayitagainwhydontyou · 27/08/2020 16:10

Forward the cover's email to your manager, ask for confirmation that you'll be getting your job back. CC HR if you feel like it.

Florencex · 27/08/2020 16:10

[quote Cherrybalm]@SantaClaritaDiet my point still remains, I should be entitled to go back to my original job or an equal one, like others have said in my thread. it doesnt matter what she was promised in terms of my rights, she emailed me aswell not the other way round, I would have had no clue any of this and would have just assumed I was returning back to my role. it certainly is my business to know what I am returning back to. not sure why you've taken such a funny tone with me Hmm[/quote]
Your rights are better than being entitled to go back to your own role or an equal one.

After seven months you are entitled to go back to the exact same job unless it is not reasonably practical.

gutentag1 · 27/08/2020 16:11

I would forward her emails to your manager and ask for a clear outline of what's happening, CC'ing in the HR Manager.

WiddlinDiddlin · 27/08/2020 16:11

I'd make it clear to your manager what cover person has been saying (copy emails) and that you expect her to deal with that.

Set out your expectations, be firm and clear about what routes you'll have to take if she doesn't step up and deal with the issue.

As PP's have said, if its obvious you are not going to just let this happen, and know it's not appropriate, she will have to deal with it or you will take it further.

Lilybet1980 · 27/08/2020 16:13

@Cherrybalm

but surely when you go on maternity you have the right to return to the same, or if not, equal job/role?
Only if you return within 6 months, and same job may not necessarily equate to same customers depending on the actual job.

Up to 12 months they have to offer you an equivalent position.