Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

See all MNHQ comments on this thread

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:
MrsPaddyGrant · 27/08/2020 16:13

I wouldn't engage directly with her anymore - she's trying to undermine you and do a land grab.

Just go direct to your manager and ask for a meeting to discuss your planned return to work date - and part of the discussion is your responsibilities and handover. if the manager is avoiding this then go to their manager or HR.

MitziK · 27/08/2020 16:14

@Cherrybalm

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

Could be that it was sold to her as term to perm (because 'women don't come back properly after maternity leave' and other such bollocks), so her job has gone to other people, just when it's going to be hardest to get a promotion in another department or organisation that her additional skills and experience would now put her in a good position to get.

Again, not your problem, but it's pretty tough on the person who has effectively been conned into making herself redundant, especially if she's tried talking to the boss and just been palmed off with 'we'll see nearer the time/if she comes back' and suchlike.

SantaClaritaDiet · 27/08/2020 16:14

[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]
You absolutely are

but your issues are with your business, it has nothing to do with your colleague either way.

You are completely misunderstanding my point, I haven't got a "funny tone" with you, I am telling you that your colleague is completely irrelevant here. She might even have a point -received promises and pay rise for example - she might not, but that's not your problem as it doesn't change your own position.

It's not with her you need to have a discussion, it's with your manager.

She shouldn't have contacted you, that's also true.

Original poster
Cherrybalm · 27/08/2020 16:15

I have to be honest, maybe my fault for not looking into it as much as I should of but never in any of my meeting with my manager or HR was it to suggested to me that I wouldn't be returning to my position or even that it was a possibility. there isn't a role equal to mine at present so I'm not sure how this would work which is why I'm freaking out a bit

OP posts:
Original poster
Cherrybalm · 27/08/2020 16:16

@SantaClaritaDiet apologies, I took it as you were saying it wasnt my business what was going on at all! I am not going to reply to her now

OP posts:
IntermittentParps · 27/08/2020 16:17

Ah, I hadn't quite appreciated that she'd emailed you all this she's a bit thick

Forward the conversation to your manager and cc HR. Don't mention anything she says in it, but just say something breezy like 'Hi, CoverPerson. As you know, I am returning on [date] – let's have a handover meeting then so you can get me up to speed with anything I need to know when I start back. Does 2pm suit you? Thanks! Cherry.'

notanothertakeaway · 27/08/2020 16:17

OP, I suggest you check your household insurance to see if you have legal expenses cover. It usually covers employment disputes / advice

Gazelda · 27/08/2020 16:18

You've been given good advice on this thread. Particularly about not engaging further with Cover but instead asking for clarification from your manager and emphasising that you will be talking with HR if necessary.

You might be wise to get this thread moved to 'Employment' where there are HR experts who can advise further.

SantaClaritaDiet · 27/08/2020 16:20

[quote Cherrybalm]@SantaClaritaDiet apologies, I took it as you were saying it wasnt my business what was going on at all! I am not going to reply to her now[/quote]
Oh don't get me wrong, anyone else would be pissed off. All I am trying to say is don't waste your time with her! God knows what was said to her.

You haven't done anything wrong - and at least you got heads up and time to look for legal advice and they can't just change your job.

thinkingaboutLangCleg · 27/08/2020 16:21

Are you a trade union member? Your union should back you.

Orchidsindoors · 27/08/2020 16:21

"but surely when you go on maternity you 1have the right to return to the same, or if not, equal job/role?"

Only if you take the normal mat leave, if you extend it for longer, you lose the right to return to the exact same job.

CallmeAngelina · 27/08/2020 16:22

You have the law on your side here, so use it. As you appear to have a manager who will be looking for the line of least resistance, make sure that you are NOT that line. Kick up a stink and don't be worrying about making yourself unpopular.
As everyone has said, and you yourself, this is YOUR job, that she was temporarily covering and you are entitled to return to it. Frankly, she's got a fucking nerve emailing you like that and she clearly hasn't got a clue of the legalities of employment law.

Mix56 · 27/08/2020 16:26

You could remind manager, that the woman was pulled in a maternity cover and it was always intended as shown by the emails telling clients about your "replacement" & when you will be back

BluePaintSample · 27/08/2020 16:27

You need to have this posted in employment matters where lots of helpful HR people and solicitors give advice. One of the top ones on there at the moment is about maternity leave.

Don't do anything until you are informed of how to proceed from here.

www.mumsnet.com/Talk/employment_issues

Horizons83 · 27/08/2020 16:28

I would say your colleague has actually helped you immensely here by showing her cards. Now it's much easier for you to have that conversation with the manager:

Hi Manager

I am looking forward to my return to work, and as the date is fast approaching I wanted to discuss the logistics of the transition back into my role.

I have received the attached email from colleague, and I will admit to being quite concerned. The email implies I will not be undertaking the same role. As you know, when I left on maternity leave all my clients were informed of my return date and that the change was a temporary one. I am sure you are aware of the law surrounding returning staff from maternity leave.

Please can you confirm when we can set up a meeting with HR to discuss the logistics of my return to work.

Decentsalnotime · 27/08/2020 16:29

The external clients will drive what happens

If they ask for her over you. Then you will have to suck it up.

If they don’t, then you take over

Has she implemented any changes in the work that drives her view that it is unfair for you to take over the improvements she’s implemented?

Unsure33 · 27/08/2020 16:29

You can easily check your rights on ACAS or gov.uk

Luckily you have an hr department who will sort this out if your manager fails .

CooperLooper · 27/08/2020 16:29

@CuriousaboutSamphire

She emailed that?

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

Ha my thoughts exactly! More fool the temp cover employee for putting that in writing
Jux · 27/08/2020 16:30

UNION! If you're not in one, join one now.

Teaorcake · 27/08/2020 16:30

If you have been off for 26 weeks then they have no legal obligation to guarantee your old job back, but it does have to be at the same level, and for the same pay or more as when you started mat leave. Of course 'morally' they should sort it out, but they don't have to. You should pursue it though with your manager and HR.

BackwardsGoing · 27/08/2020 16:31

As everyone has said, the law is on your side. No need to be indirect or tentative. Just proceed according to your expectations. Cheeky cover fucker is irrelevant to your returning to work plans.

Congratulations on your baby Smile

Drinkingallthewine · 27/08/2020 16:32

I had this -a temp agency worker became friendly with my supervisor and told me 3 months before my return that we'd be job sharing. Would we fuck.
When I returned I got none of my work load back, given entry level stuff and a whole lot of insidious bullying from both that was designed to oust me.
I waited until I had a full month of non-duties, and basically confided in a senior colleague that I was on the verge of seeking external advice (supervisor had relayed it to me as orders/ wishes of management) as MD was really over a barrel here given my maternity entitlements.
Within an hour, I was given my full duties back, temp was told to handover and finish up by the end of the week and supervisor I presume got the bollocking of a lifetime.
In your case, I would forward her stupid email to HR, ccing in your line manager and querying it, citing the relevant maternity employment laws, asking for an explanation as to why you aren't getting your existing role back. Chances are your manager has been told by her that this is an arrangement you've somehow agreed to between yourselves. And watch while HR have a shitfit over something that can land them in court.

Viviennemary · 27/08/2020 16:34

I agree it seems to be a matter of who makes the most fuss. I think you need to alert HR to this without delay and request a meeting with them. But you could let your manager know you have done this. Absolutely not on. And if your colleague is communicating with you re this it's bullying and harassment and needs to be reported

Original poster
Cherrybalm · 27/08/2020 16:35

@Teaorcake this is the thing though, there isnt an equal role to mine which is the reason I'm feeling a bit panicky about it all - I dont want to have spent 8 years getting to where I am to have it all potentially undone because I took time out to have my baby. feels grossly unfair

OP posts:
brogueish · 27/08/2020 16:35

I had this too. My mat cover really, really wanted to stay in the role, it was horrible. It feels so alien returning to work after mat leave anyway and I didn't really know how to react to or manage it well. You've had some amazing advice and I wish I'd asked the question here at the time. What I did was call several meetings with her and my manager about workload and just kept pushing the issue, but even then it didn't get completely addressed until her contract ran out and she left. Good luck.