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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.

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 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 19:34

Thanks so much flowery, that's a massive help. I will do this and ensure I ask lots of questions to make sure I'm being treated exactly the same. If this gossip is true, it looks like I haven't been but I will find out!

OP posts:

Aceray · 30/05/2021 20:07

If your role still exists though they do need to be clear on why it's not 'reasonably practicable' for you to have that same role on your return after AML. Obviously it's worth having the conversation to find out what they're actually proposing first, but I'd highly recommend you speak to the Pregnant then Screwed free legal advice line www.pregnantthenscrewed.com

Original poster

notanatural2018 · 30/05/2021 20:21

Thank you I will do, will check them out now to find the phone number. My gut feel is they were hoping I wouldn't come back to be honest... But let's see tomorrow ☺️

OP posts:

BernadetteRostankowskiWolowitz · 30/05/2021 21:06

Is there any possibility of returning at 26 weeks? Tag any AL onto the end?

Original poster

notanatural2018 · 30/05/2021 21:19

I don't think so as I have to give 8 weeks notice which would take me past 26 weeks, but I will check on this with HR on Tuesday if it is what the gossip says it is. It's worth it to not have to take an effective "demotion"!

OP posts:

flowery · 30/05/2021 21:47

As I said, returning earlier doesn’t prevent them restructuring including making changes to your role. It only helps you if your role is remaining as-is anyway, and they would otherwise move you elsewhere and keep someone else in your role.

Your right to return to the same role doesn’t give you additional rights during a genuinely needed business restructure.

Asiama · 30/05/2021 22:40

Hi OP, I agree with @flowery.

It sounds like your current role doesn't exist in the new structure anyway. Your role was XY and someone else was doing XY, and the new roles are XX and YY. They can make this change without your "permission" so to speak, maternity protection doesn't prevent this.

flowery · 30/05/2021 23:34

”It's worth it to not have to take an effective "demotion"!”

Please don’t break your back coming back to work earlier than you want to thinking that will somehow stop the restructuring. It won’t. If it’s prompted by 3 people leaving that won’t change.

There really is no difference in terms of how they have to handle this type of change whether you are within or outside the 26 weeks.

anotherday235 · 31/05/2021 07:41

I would check your job description as if it doesn't specify what instruments you are responsible for they can probably divide these up however they like between people in the same role.

Original poster

notanatural2018 · 31/05/2021 08:34

Fab advice from you all, thank you. I'll double check my contract before the call but I don't think it does state specifically the instruments... Let's see what he has to say!

OP posts:

HoldontoOneMoreDay · 31/05/2021 09:02

Remember any consultation period is a 'period' - usually 2 weeks iirc. You don't have to give or commit to any response until the end of this period so listen, ask lots of questions (sounds like you're on top of that!) and don't give any response.

End by asking when your next conversation will be.

Also make sure you're being sent the whole plan for the team - they'll have a picture of what they're trying to get to. That's really important because you can't really consider your options in isolation.

Original poster

notanatural2018 · 31/05/2021 10:37

Ah, I didn't know that, that is good to know! Thank you, I will!

OP posts:

Dyrne · 31/05/2021 11:05

OP not sure what it is you do but on the off chance - is it sales? Is there any commission involved? Because if there’s a chance these less popular products/instruments will be leaving you with less opportunities for commission that may be seen as less favourable for you?

vivainsomnia · 31/05/2021 13:08

You need to see the structure. You then need to decide if they are any role in the structure that you could argue you could be slotted in. This is usually on the basis that 50% or the responsibilities of the roles are similar to what you were already doing (the 50% can be arbitrary). If there are more than one person who can fit that role, then you would need to be interviewed and the job should be given to the person who scored higher at interview.

You need to see the structure and job descriptions of the new roles.

Original poster

notanatural2018 · 01/06/2021 06:27

Dyrne - you have it! So I had the call and most of the info I'd been given was correct but there was no "this is your role and you have to have it".

There is another role I'd prefer so I advised that's what I'd want, they tried to make the role I was worried about sound interesting so they'd clearly earmarked that for me, but looks like they can't make me. If they do... I have your advice everyone!

OP posts:

RestingPandaFace · 01/06/2021 06:36

If you are sales staff and commission based I think that changing you to a product range where you could be reasonable expected to earn less would constitute “less favourable” it would be worth speaking to prenant then screwed today.

RestingPandaFace · 01/06/2021 06:36

pregnant*

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