Denied return to role because of request for PT working, now another PT person has the job?!

[Llamasally]

I asked my employer if I could return early after 9 months maternity leave and do PT, 4 days a week. I was told I couldn’t do my current role PT and they offered me another similar position (on the same terms obviously) which I was ok with and went ahead with. The person covering my mat leave continued to do my old job.

Now they have appointed a new person to the role that I had before mat leave, who I believe is PT. I technically would still be on mat leave if I hadn’t asked to come back early, and surely if the reason I couldn’t go back to the job was to do with my PT working request they can’t really do this? It doesn’t seem right to me.

I’d always got very high performance ratings in my old job and really enjoyed it but was fine about this move, if a little put out initially. But are they breaking employment law here? Should they have offered it back to me if it was in fact deemed to be able to be performed on a PT basis?

Did you fill in an official flexible working request, and did they respond formally? There are limited grounds for a company to refuse a request (although in practise they are wide ranging), so they would have to show you that something had changed between your flexible working request, and the appointment of someone else into the part time role.
However, you will need to be sure the new appointment is in fact part time, and their working pattern is similar to what you requested. For instance, if you were adamant that you needed Friday off, but new person has Monday off, they could legitimately claim there is a business requirement to have someone working on Friday (for example). But they really should have made that explicit in their refusal of your flexible working request.
Was it done via email/letter, or over the ozone?

Er, phone obvs

Thanks @Firstaidnovice, yes I did a formal flexible working request, I’m not sure what the new persons exact working pattern would be tbh

I'm not sure whether they can do this however check out pregnant then screwed on Instagram as they should be able to help x

What grounds did they refuse your request on?
If you could show that the same business reason should apply to the new person in your old role you should have grounds for suggesting you have experienced discrimination relating to returning from maternity (indirect service discrimination). Assuming new person has not also just returned from maternity leave as well?
I would also suggest looking at the maternity action website, they have good legal advice sections on flexible working requests

@Llamasally

Thanks *@Firstaidnovice*, yes I did a formal flexible working request, I’m not sure what the new persons exact working pattern would be tbh

If they are doing 1/2 the hours rather than just dropping one day, then it will be easier for your employer to fill the remaining hours with someone else.

You've admitted yourself you don't know the full facts. Find them our first surely.

I have found out she will be doing the same working pattern I requested… 😔

@Llamasally

I have found out she will be doing the same working pattern I requested… 😔

Interesting!

You need to see a solicitor who specialises in employment law. You may have a case.