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Original poster

Taking a pay scale drop after mat leave & not going back into previous position

20 replies

ejayjay · 09/11/2007 20:04

I wondered if anyone could help me with this please. I am due to return to work in the new year & have been into work to discuss my working hours.
Before I went on mat leave I was made aware that my current position was up for review & that they wanted 1 person to work in my area or a job share to make up full time hours.
They refused to review the position whilst I was pregnant & whilst I was on mat leave.
The person who has been covering my mat leave is full time & has made it clear that she will go for the interview for the post.
When I saw my manager she confirmed that 1 person would get the job & as there are no other senior qualified persons, a job share now looks unlikely.
I can only return to work 3 days a week at present and was told that there are no other senior posts available or likely to become available.
I was told about a part time job which could accomodate my 3 days a week which would suit me, but it is a drop in salary & seniority. I would also have to apply for the job along with everyone else who may like it.
Does anyone know:
Am I entitled to protected pay for any length of time at my current salary?
Can I not just be offered this job as it is a position that needs to be filled?
If I don't get this job where do I stand?
The other jobs which I have then been offered are shift work which would be very difficult for me to do at the moment (due to childcare issues) and still I would take a drop in salary & seniority.
I feel that I am being pushed out, & am confused where I stand. If anyone could help me I would be very grateful.

OP posts:

pinkteddy · 09/11/2007 21:00

My understanding is that you are entitled to a job back at your place of work of equivalent status and salary. NOT necessarily the same job but they must give you a job. However, if you previously worked full time and are now wishing to work part time, I am not sure what the law says. You are certainly entitled to apply for flexible working and they have to consider it and they have to give a good reason why if they can't accommodate your request. Have a look here
and hopefully someone else with direct HR or employment law experience will post if any other suggestions. HTH

annieshaf · 09/11/2007 21:10

I am no expert but i understand that you are entitled to return to your job on the same terms in which you left. If your job no longer exists then they should make you redundant and pay you redundancy accordingly unless they can offer you another job on equivalent terms. Complication is that you want to go back part time but they are still obliged to consider this and give you a good business reason as to why you cannot return on part time hours.

You may need to take some specific advise here as it does not look like they are communicating with you properly.

yelnats · 09/11/2007 21:20

Again no expert but my understanding is that as long as you dont take extended maternity leave( ie over 6/ or now 9 months) then they have to give you the same job back but again not sure how it works if you are changin your hours. sorry not much help but hopefully someone who is will be along soon.

yelnats · 09/11/2007 21:20

somersetmum · 09/11/2007 21:20

Agree with the others - they HAVE to offer you a fulltime post on the same salary and the same level of responsibility. It is then your choice whether or not you accept it.

If, however, you wish to return part-time, you need to put your request in writing. Your employer does not have to oblige but, if they don't, they have to give a just reason, in writing, why they are refusing.

If they do this and you decide you cannot return full-time, then you must resign and you would not be ebtitled to redundancy.

gigglewitch · 09/11/2007 21:20

as others have already said - and pinkted is the queen of this stuff imo, you are legally entitled to return to your own job on the same t&c or otherwise a similar one on the same salary.
I returned to my work in the exact same role (and contract with full time hours on) and then applied for flexible working. this is a sort of 'tactic' thing, tho it doesn't sound as if you are in a position to do that. BTW, returning to my post exactly as i left it, i had full entitlement of holiday so i duly used it ...two days every week to take me down to part-time three days! and then used this in effect as the example to prove that i can do the job in three days and so my flexible working application should be granted.
you just have to work out how best to make it work for you, don't play all of your cards (i.e. let on all of your plans) too soon.
HTH.

FrayedKnot · 09/11/2007 21:28

How long have you been on Mat leave? If you are returning after 6 months then you have the right to go back to your old job.

If you have taken AML then they can offer you an alternative position, but in terms of status and salary it would need to be equivalent.

AFAIK The person who has been covering your leave has no right to your job and could only apply for it if you chose not to return to it, and resigned.

Despite what your Manager has said to you "off the record" about only having one full-time person, you need to make a flexible working request with the hours you want to work, in writing, and then the company are obliged to consider it and respond accordingly. If you can;t agree and you decide not to return to the position, then you would have to resign.

I think you need to do all that before you get to the point of considering other positions. If they can;t accommodate your flexible request and offer you a part-time position with a lower salary etc, I think this would be an offer from them, not a suggestion that you apply for something you might not get!

Don;t forget, at the moment, you have a job. All you want to do is cut down your hours.

HTH

Original poster

ejayjay · 10/11/2007 14:36

Thankyou everyone for your replies, I will certainly be looking into this now in more detail. I have the feeling that they expected me to roll over & except what they were offering.
When I came home & thought about it, I was the only person loosing out.
As you say i'm sure they have to offer me a position at the same level & salary even if my current position is no longer suitable.
I'm not unreasonable I am willing to accomodate the needs of the service as well.
I have found some excellent advice on other peoples threads as well so thankyou I have found this invaluable.

OP posts:

edam · 10/11/2007 14:50

try the department for business or whatever it's called now since Gordon took over (was the DTI) website. Has all the employment law on there. think URL is still www.tiger.gov.uk or similar - google will find it.

But all the posters are right - they just can't do this to you.

inthegutter · 10/11/2007 17:51

If you return to work within 6 months, you have a right to return to your old job on your previous salary.
If you take the additional maternity leave, then you can be offered an equivalent job on equivalent status/salary

pinkteddy · 10/11/2007 19:26

Thanks for the compliment giggle! ejay - it doesn't matter even if they have re-structured and your job no longer exists they still have to give you a job at equivalent status and salary. Do not accept that you have to apply or be interviewed for anything. Do you work in the NHS btw? If you are a UNISON member I would certainly ask them for support. Let us know how you get on. If you encounter any further difficulties please post again.

pinkteddy · 10/11/2007 19:30

btw loads of other useful stuff about maternity leave and rights as well as flexible working on that website link I posted yesterday, have a look.

Original poster

ejayjay · 10/11/2007 19:31

How did you guess I worked in the NHS!

OP posts:

llareggub · 10/11/2007 19:36

Are you still on maternity leave? If so you have special protection in a redundancy situation and should be offered a suitable alternative position without competition.

You would be entitled to salary protection, usually anything up to three years although two years is about average.

Interesting, this stuff about your job being up for review but a reluctance to discuss it whilst pregnant or on maternity leave. I'd advise talking to your union asap.

pinkteddy · 10/11/2007 19:44

Something you said about service provision and I thought I had seen you on another thread as well! I worked in the NHS for 12 years so very familar with their shennanigans!

Original poster

ejayjay · 10/11/2007 21:28

Yes am still on mat leave so am looking into talking to my union rep (i'm taking the 9 months)
It's sad isn't it pinkteddy that the NHS don't look after their staff.
Thanks for all the advice it's nice to chat to you all.

OP posts:

Original poster

ejayjay · 21/11/2007 20:58

Hi thought I would come back to this as I have still not heard from work & am waiting for a reply from my union rep
Everyone I have spoken to so far agrees with the advice given above.
I am starting to get really wound up about this & thought I would see if anyone has any kind words of wisdom to cheer me up.
I don't want this hanging over my head for the last remaining part of my maternity leave.

OP posts:

flowerybeanbag · 21/11/2007 21:24

HI ejayjay sorry you are having such a difficult time.

Just to reiterate, in a redundancy situation if your post is made redundant, and there is a suitable alternative (similar skills required, terms and conditions etc) then you must be offered it without competition.

This is all reference to your post prior to maternity leave though.

If I am understanding this right, there is a full time job available? In that case it is your job. Your maternity cover doesn't have the option to go for it unless and until you either a) apply for and are appointed to something else or b)resign. If there is a job available that is suitable for you on your pre-mat leave terms and conditions it is yours to take.

I think the flexible working stuff is probably clouding the issue for everyone involved. I would put that to one side for a while, and focus instead on ensuring that everyone who matters is very clear that the full time job is yours. Then, once that's all sorted and the dust has settled a bit, then put in a flexible working request for that post. Obviously they can refuse your request, but they have to provide decent business reasons why it cannot be accommodated. If as you say they were initially considering a job share situation it sounds as though coming up with good reasons to refuse it would not be straightforward if you can put in a good, well thought-out case (which we can help with).

Hope that helps, I wasn't around when this was posted but you have had some excellent advice from others and do keep posting until it's sorted.

Original poster

ejayjay · 22/11/2007 16:10

Thanks so much flowerybeanbag I just needed to hear a supportive voice again.
People on here have been lovely and again I would like to thank all of those who have given me advice.
Will certainly keep you updated

OP posts:

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