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Original poster

Is this job "less favourable conditions"?

42 replies

notanatural2018 · 30/05/2021 17:38

TLDR - what does "not less favourable conditions" mean when offered a new role following a restructure during your maternity leave? Can it refer to status?

I'm 19 weeks into maternity leave, I'll be returning after 9 months.

I have a call scheduled with my new boss tomorrow, whom I've not met or spoken to before. It's regarding the fact three people have left the team and there is therefore going to be a restructure. He wants to speak to me before speaking to the rest of the team.

A colleague gave me a heads up that the gossip is I'm likely to have my responsibilities changed - so instead of looking after an instrument and a small range of products together, I would give up my original instrument and gain another person's small range of products.

I know I'm entitled to a job with "not less favourable conditions". These two ranges are very low profile, they're traditionally an "extra" to looking after an instrument. If this were to happen, could I claim it's less favourable conditions or not? Google is not clear!

I know I need to see what my boss is going to say.... I just want to be prepared! TLDR - what does "not less favourable conditions" mean when offered a new role following a restructure during your maternity leave? Can it refer to status?

I'm 19 weeks into maternity leave, I'll be returning after 9 months.

I have a call scheduled with my new boss tomorrow, whom I've not met or spoken to before. It's regarding the fact three people have left the team and there is therefore going to be a restructure. He wants to speak to me before speaking to the rest of the team.

A colleague gave me a heads up that the gossip is that I'm likely to have my responsibilities changed - so instead of looking after an instrument and a small range of products together, I would give up my original instrument and gain another person's small range of products.

I know I'm entitled to a job with "not less favourable conditions". These two ranges are very low profile, they're traditionally an "extra" to looking after an instrument. If this were to happen, could I claim it's less favourable conditions or not? Google is not clear!

I know I need to see what my boss is going to say etc.... I just want to be prepared if this is the outcome!

OP posts:
Original poster
notanatural2018 · 30/05/2021 17:39

Oops sorry not sure why it's posted twice... Wish there was an edit button!

OP posts:
Asiama · 30/05/2021 17:53

Hi OP, not less favourable conditions usually refers to pay, benefits, working place and seniority. Without knowing your role it's hard to say whether this would be seen as a more junior role? Even so, if everything else remains the same I think it could be argued that it's a suitable alternative role.

Original poster
notanatural2018 · 30/05/2021 17:58

Thanks @asiama, that's what I feared would be the case. Basically if they tried to recruit for the role that gossip is saying they're going to say I have to move to - no one would apply as it's not attractive, due to them being worth far less than an instrument range.

My instrument range would be given to a colleague who would manage that instrument for all the groups of countries. I will be asking if offered the job I don't want, why I've not been offered the instrument range as I'm just as qualified!

OP posts:
flowery · 30/05/2021 18:03

”I know I'm entitled to a job with "not less favourable conditions".”

Not quite. You are entitled to return to your same job unless it’s not reasonably practicable in which case you must be offered a suitable job on no less favourable terms and conditions.

However, that doesn’t mean a restructuring has to be arranged around creating such a role. If there isn’t a role on no less favourable conditions available then there isn’t one, and sometimes that happens.

LIZS · 30/05/2021 18:08

Agree it is more about grade, salary, hours and benefits than content. How has the restructure come about, are you intending to return on same hours/days as before ml?

LIZS · 30/05/2021 18:09

And how reliable is your source? It might be worth listening before considering options.

BernadetteRostankowskiWolowitz · 30/05/2021 18:12

As above "no less favourable conditions" refers to the Ts & Cs of your contract - not the role. So leave entitlement, pay, hours, etc.

Original poster
notanatural2018 · 30/05/2021 18:12

Hi everyone, thank you! The source is not 100%, it is just gossip at this point, but I want to have thought about it if it does crop up, if you see what I mean.

This is what I thought, damn. I would not want to do this role at all (it would be a rare person who would to be honest). I would be returning on the same amount of days etc as previously.

OP posts:
Original poster
notanatural2018 · 30/05/2021 18:14

Would I have an option to ask why they've given the instrument role to someone else and not given me the option to consider it, do you think?

OP posts:
BernadetteRostankowskiWolowitz · 30/05/2021 18:17

If the role is currently yours then they cannot give it to anyone else. It stays with you

Original poster
notanatural2018 · 30/05/2021 18:20

Ok so they'd need my agreement? This is reassuring. I think I'll see what is said tomorrow - hopefully it won't be this but I'm prepared if so. Thank you very much everyone!

OP posts:
ChicChaos · 30/05/2021 18:23

I don't think Bernadette is right, so don't count on that at all.

tinseloatcake · 30/05/2021 18:32

I think you just ask lots of questions including - what has happened to my role? Is anyone else doing a role like my old role? How did they get that role (if not already in it)? What were the selection criteria etc etc

Original poster
notanatural2018 · 30/05/2021 18:44

Ok thank you - writing these down to have in front of me! I want to get my information straight, whatever the news is, so I can digest it and figure out what to do going forwards.

OP posts:
BernadetteRostankowskiWolowitz · 30/05/2021 18:44

@ChicChaos

I don't think Bernadette is right, so don't count on that at all.
I am.

If the role is currently the OPs, and the role will still exist after restructuring, then it remains the OPs, as long as she returns at the end of her OML.

GoldenBlue · 30/05/2021 18:46

Even if there is a reduction in number of roles that are similar, due to maternity protection you should be at the top of the list for getting the role rather than being the one moved to an alternative role.

bookgirl1982 · 30/05/2021 18:47

But the OP isn't returning at the end of her OML, she's taking AML.

BernadetteRostankowskiWolowitz · 30/05/2021 18:56

I'm 19 weeks into maternity leave, I'll be returning after 9 months

I read this as she will be returning at the 39 week mark. OP can you clarify how many weeks ML you are taking?

Original poster
notanatural2018 · 30/05/2021 18:57

Yeah it will be additional, they've helpfully said they want to talk to me at 19 weeks - with the 8 weeks notice I need to give to return, there's no way I can return before the end of 26 weeks now to avoid any changes to my role.

They've basically not replaced some people who have left and want to move product ranges around so they're all still covered, but by less people across more territories.

The problem for me if this scenario happened is that I'd be going from having product X (attractive) along with product Y (unattractive extra) to having product X being given to someone else, and being given another unattractive extra. It's a big reduction in responsibility but I don't think I can actually fight it as the conditions, salary, job title etc wouldn't change.

OP posts:
BernadetteRostankowskiWolowitz · 30/05/2021 19:00

My mistake. I was sure OML was 0-39 and AML 40-52. Apologies.

Original poster
notanatural2018 · 30/05/2021 19:12

I wish you were right!

OP posts:
flowery · 30/05/2021 19:21

Returning at 6 months would not avoid any changes to your role. It would prevent them saying it’s not reasonably practicable for you to return to that role but it doesn’t prevent changes to the role itself, or to the structure of the department/organisation.

flowery · 30/05/2021 19:22

@GoldenBlue

Even if there is a reduction in number of roles that are similar, due to maternity protection you should be at the top of the list for getting the role rather than being the one moved to an alternative role.
No. Maternity protection only exists in the event the OP’s role is redundant and there is a suitable alternative vacancy available, in which case she gets first dibs on it. It doesn’t help at in the scenario where there is a reduction in headcount of similar roles.
Original poster
notanatural2018 · 30/05/2021 19:25

Ok, it seems there's not much protection if this comes to pass then. I will be asking why I've been passed over for the other role. Thanks everyone for your help and hopefully the chat is for good news tomorrow!

OP posts:
flowery · 30/05/2021 19:27

In circumstances where there is a restructuring during maternity leave it’s probably best not to focus on the right to return stuff. That’s really more relevant in circumstances where there haven’t been any structural changes or anything, to ensure jobs are kept open rather than given to others.

This isn’t about right to return, it’s about ensuring no less favourable treatment during a restructuring exercise.

You need to know exactly what’s happening to all the roles and responsibilities and how decisions will be made about who gets what. You should be included in consultation same as everyone else and should have the same opportunities as everyone else. If your role is redundant as part of the exercise, and there is a suitable alternative vacancy available, it must be offered to you.