@Linzmum2020
I've just returned from maternity and my role has changed, I've got less responsibilities than before my maternity. I don't have an up to date contract either. Do I have any rights or do I have to except my reduced role?
Hello Linzmum2020,
Your rights on returning to work after maternity leave are slightly different depending on how long you were off for on maternity leave. The quick answer is 6 months or less, you have a right to return to the same job. More than 6 months absence, and you have a right to return to the same job or if that’s not available, a suitable alternative. Because of those different rights, it’s important to figure out which applies to you, so I’ve included a bit more detail below and then some general advice on what to do.
Duration of maternity leave
The first 26 weeks of maternity leave is known as Ordinary Maternity Leave (OML). If you were off for 26 weeks or less of OML (or a combination of OML and shared parental leave (SPL)) then you have a right to return to the same job on no less favourable terms. That rule also applies if you took 26 weeks of OML (or OML and SPL combined) and then immediately went on to a period of less than 4 weeks of parental leave. I’ll just refer to that as being off for up-to 6 months.
If you were off for more than 26 weeks of maternity leave (that means you had a period of what is known as Additional Maternity Leave), and for some reason it is not reasonably practicable for you to return to the same role, you can be offered a different job provided it is suitable and appropriate, and the terms and conditions (i.e things like pay, hours and grade) are no less favourable than they would have been had you not been absent.
Often people take holidays or other forms of parental leave at either side of maternity leave. The 26 weeks mentioned above is calculated using time on maternity leave and SPL only. It does not include holidays. If you took normal parental leave of 4 weeks or more immediately after OML then there are slightly different rules. If you are right on the threshold then these points may be relevant.
Right to return to the same job
If you fall into that first category of returning to work within 6 months, you have the right to return to the same job on no less favourable terms. It sounds like your job is perhaps not exactly the same. I am not clear about how different it is though. Small changes may not amount to the job being different legally. Larger changes would. Your employer is only able to justify any differences if there has been a redundancy situation. That doesn’t need to mean dismissals, but could cover a general reduced requirement for your role as it was before. If the responsibilities that have been taken away from you have been given to someone else, then you should be entitled to get them back. If those responsibilities have gone, or changed in some way, then it may be that you should discuss with your employer other ways of making up the difference to try and put you in an equivalent position.
Right to return to a suitable alternative job
If you were off for more than 6 months, then the default is still that your employer should give you the same job back if they can. They have more scope to make changes if for some reason that is not practicable. For example, there had been a general re-structure or they are keeping on a maternity cover. They still need to offer you something suitable and appropriate (which I think your role would be as it seems the same but with some elements missing). The terms also need to be no less favourable (i.e. same hours and pay). You could argue that the remove of responsibilities means the terms are less favourable because you are not as senior or not getting the same experience. That may be true, though in practice if you haven’t suffered a formal reduction in status or pay, then you may not have clear and quantifiable loss associated with it. Again that doesn’t mean you shouldn’t try to correct the issue, it just means there may not be much financial benefit in pursuing matters formally.
Contract
You can ask for an updated contract. Your employer should provide one or explain that your existing one still applies, but if they do not, then legal recourse can be limited especially if you have a contract but are just keen for it to be updated. In practice most employers will comply with a contract request.
What can you do about it?
If you continue to be paid the same, then you have no financial loss. That means taking any legal action is not likely to be attractive either now, or unfortunately even if the matter persists. That doesn’t mean you should do nothing. In the first instance I suggest simply starting a conversation with your employer about the fact that the role/responsibilities seem to have changed, understand from them why that is (and if they are aware of it/agree), explain the impact it is having on you and importantly, that you do not think it is a suitable alternative to your previous role and you have a right to come back the same role or at least one that is no less favourable, and see if you can find a resolution. You may as part of that want to make them aware of your concerns that the change is unfairly linked to your maternity absence. However, I would always recommend trying to keep the dialogue positive and focus on finding a solution as in practice, that can often lead to the best result.
If that doesn’t work, then you can explore matters more formally through the grievance process. You should always keep in mind your desired outcome which I expect would be to get your old responsibilities back. With a larger employer the formal grievance can help to ensure the right people are addressing the problem. A word of caution is that unfortunately, raising a grievance formally can put an employer on the defensive and in some situations make matters worse. That shouldn’t happen but in practice it can do, so if you do go down this route, I still suggest trying to keep things amicable and forward looking as the aim will be to find a way to make your role work going forward.
It is normally best to only use legal claims as a last resort. The claim would likely be for discrimination on grounds of sex and/or maternity and pregnancy. If you win, you could get a remedy of injury to feelings, loss of earnings if any, and potentially a declaration about returning to your old role. But you would need to weigh up the pros and cons of taking that approach and it is not something I would suggest doing without working through what your desired outcome is and the impact the proceedings can have. A final word on claims is that there can be strict time limits that apply. You have 3 months (less one day) from the time the act you are complaining of took place, to contact Acas and start the tribunal process. So keep that date in mind. You cannot raise a stand-alone claim for failure to provide a contract, but if you are raising a claim anyway, then you can add in this complaint and it can lead to a slight increase in award.