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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:
Decentsalnotime · 27/08/2020 16:58

* If it’s not possible for the employee to return to the same job, they must be offered a similar job — i.e. one with the same or better pay and conditions. Ideally then, you’ll want to manage replacements in a way that helps new mothers make a smooth return.*

OnceUponATimeInHollywood · 27/08/2020 16:58

Delete her number and completely cut ties with her. She is the one in the wrong. Not you! Yet she is making it all about her & how "she" feels.

IntermittentParps · 27/08/2020 16:59

I’d remind them that you the worked hard for the past eight years building this client base/relationships

No. No getting into emotional blackmail/pleading. There's no need to. The situation is quite clear. It's better to keep things factual.

Didkdt · 27/08/2020 17:03

A friend of mine had this happen at a well known cosmetics brand , although her boss was sympathetic to the mat cover person and she was basically pushed out after her return.
I think you do need some good advice and a deep breath. I'd take some legal advice in your shoes and decide your bottom line.

LadyLairdArgyll · 27/08/2020 17:13

She's a shark OP, likely hoping you'd say yes sure you keep my job I'll do yours. Confused

Fight this Flowers

Keysunshine · 27/08/2020 17:16

What a nasty woman! I would be very firm with your manager and don’t let you be an easier target if manager is a pushover

PurpleFlower1983 · 27/08/2020 17:20

Just tell them straight that you are returning to your former role, if your manager is a pushover arrange a KIT day for your handover.

nerdsville · 27/08/2020 17:22

There's five pages of comments here and OP hasn't even spoken to her manager yet. She's literally had one email off some twat who might not even be malicious, she might just be too stupid to understand the concept of a mat cover role!

OP send the email that Horizons83 suggested on page 3, at least then you'll know where you actually stand and whether there's even anything to get stressed about. Your manager might be fully anticipating you coming back to the exact same role, so there's no point in using your energy getting anxious until you've actually talked to them.

gurglebelly · 27/08/2020 17:26

If you aren't yet past 26 weeks of leave you are entitled to return to the same job

nightmareneighbour · 27/08/2020 17:26

I agree that Horizons' email is the way to go.
As she says, the other person has done you a massive favour by showing her cards.
I was in the same position but only found out after returning - that made it so much harder.

roundturnandtwohalfhitches · 27/08/2020 17:27

If she's trying to wind you up it's working. Either that or she's very stupid. Don't go in all guns blazing or you will look like a loon. Just forward the email to your manager and HR and say that you are concerned following receipt of the email and ask them about the plans for your return.

Original poster
Cherrybalm · 27/08/2020 17:31

when I emailed my manager initially (I didnt mention that I had been contacted by mat cover at this point, I just wanted to get a feel for what was going on first) they were rather vague. I just wanted to get a basic understanding on what my rights were before I went in with what mat cover had said and making any kind of stand. the overwhelming response here is essentially that I have nothing to worry about and that this woman doesnt have a leg to stand on which is reassuring - I have found a little bit online too. I just wanted to be armed with as much info as possible first. its disheartening to see that it has happened to others out there, I hope it isnt commonplace :(

OP posts:
gurglebelly · 27/08/2020 17:32

Ignore me, clearly hadn't RTFT!!

Byallmeans · 27/08/2020 17:40

What was vague about the email?

gurglebelly · 27/08/2020 17:42

One thing I will say (as an HR Director) is don't follow some PP's advice - don't immediately go in all guns blazing citing relevant maternity laws etc as that isn't necessary just yet. You can't take what some random woman is saying as the truth of what is happening, her saying it means nothing. You actually need to establish some facts first

Forward the email to your line manager and HR, and ask to speak to them as you are concerned about this email you received and would like some clarity from them ASAP about your return to work. Start there and you may actually find out that this is just wishful thinking on behalf of your cover (of course if it isn't then go in all guns blazing!)

Original poster
Cherrybalm · 27/08/2020 17:43

they just didnt really acknowledge half of what I said, was more about getting the ball rolling with HR etc.

OP posts:
2020nymph · 27/08/2020 17:43

@Horizons83

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.

@Cherrybalm this is a good email to send.

I had similar happen to me and I wish I fought it more, that colleague is now leaving but we changed agencies when I was on mat leave and she has damaged my reputation with them. I've had a year of bullying behaviour and only haven't left because I loved my job, like you had spent years building it into what it was.

Original poster
Cherrybalm · 27/08/2020 17:47

@2020nymph I just cant believe the cheek of it tbh. the more I think about it the more irritated I'm getting. seems to happen more commonly than it should

OP posts:
Byallmeans · 27/08/2020 17:49

Did you ask specific questions as they might be completely unaware of what the cover is saying and just expecting you to get back to your old role

maxicheddar · 27/08/2020 17:56

the overwhelming response here is essentially that I have nothing to worry about and that this woman doesnt have a leg to stand on which is reassuring - I have found a little bit online too.

Through experience my motto has become 'hope for the best, but plan for the worst' so I think you can never be too well armed for this kind of thing.

BTW on the (amazing) feminism board I have heard a group called 'Pregnant then Screwed' mentioned as working for women's rights in this this area so might be worth looking them up.

CloudyVanilla · 27/08/2020 17:56

I'd be careful about the vagueness of the email from your manager, make sure they know what's what.

I hate when you send an email asking a question and it is ignored. Maybe send a quick follow up email to just mention the correspondence from your cover and without getting into too much detail as manager to confirm you're going back to your role?

netstaller · 27/08/2020 18:59

If your manager is a push over preempt any fuss and cc your Hr department into your email with them. I would make them aware she has already emailed you and you assumed it's without their knowledge - but say I fear she's doing x which would be discrimination according x law. These are flags for HR to get involved if you think this will be needed.

ChateauMargaux · 27/08/2020 19:29

Unfortunately, the 7 months versus 6 months is critical in the law. If you return after 6 months, you have a right to your old job back, if you return after up to 12 months off, you have a right to a position that is equivalent to your old job.

The reality is that many work returners find themselves sidelined after maternity leave.

You need to be direct and ask for clarification.

Dear Boss, Maternity cover has started that she will continue to cover my clients when I return. Please confirm that i will be returning to my job, as it was before I left for maternity leave, including that I will continue to be responsible for clients, x, y and z.

As you understand, this was a complete surprise to me and I want to ensure this is fully resolved before I come back.

I have copied in HR so they can oversee the details of my return and ensure company policies are being applied.

Kindly yours

Titslikepicassos · 27/08/2020 21:22

Happening to me at the moment too OP.

My maternity cover, also full time within the company before covering, has told everyone he will leave if I come back. My manager is horrendous and I’m in the middle of a formal grievance and ACAS conciliation, on full pay (maternity leave has just ended). If you’re in a union, get on to them immediately, mine has been invaluable.

Maternity action and pregnant then screwed are helpful too.

In the meantime raise your concerns with management and HR.

Feel free to pm if you want someone to rant at, it feels entirely unfair and isolating.

Vodkacranberryplease · 27/08/2020 21:28

@Titslikepicassos

Happening to me at the moment too OP.

My maternity cover, also full time within the company before covering, has told everyone he will leave if I come back. My manager is horrendous and I’m in the middle of a formal grievance and ACAS conciliation, on full pay (maternity leave has just ended). If you’re in a union, get on to them immediately, mine has been invaluable.

Maternity action and pregnant then screwed are helpful too.

In the meantime raise your concerns with management and HR.

Feel free to pm if you want someone to rant at, it feels entirely unfair and isolating.

What a fucking arsehole! If I had an employee doing this I'd be calling his bluff. Then managing him out. Blackmailing little prick.