Is this discrimination?

[Ohtheaudacity]

I am on maternity leave and due back to work at the end of May. I have a 4yo and 8mo. When I return to work I will have had a full year of mat leave. My pregnancy was uncomplicated but my son fell very poorly at 14 weeks old. He pulled through but is now being investigated for potential cerebral palsy. I had a meeting with my manager in January and explained my personal situation and how my desire now was to reduce my working hours/responsibility (my current role is senior management with a huge workload) to have a better work life balance. They were receptive to this and went away to work on a new position for me in the company in reduced hours/responsibility.

Today I had a further meeting with them where they outlined a new position to fulfil a business need and which suited my needs. I was made aware they had offered my current role to the person who is my maternity cover currently. However, it was then explained that my new role would be on a significantly reduced salary pro-rate, almost £6 an hour less equivalent. I raised a concern that as a woman returning from mat leave I was entitled to either my old job back or a different role on the same pay. They then said in that case I could either have my old role back on my old hours & salary, or accept the new job on the reduced salary (“hourly rate”).

I spoke to ACAS who advised because my employer has verbally offered my current role to someone else, they have effectively brought my current job to an end. As this has happened while I am on maternity leave and they have offered the role to my maternity cover, it could amount to discrimination. ACAS have also advised me that verbal job offers and acceptances are legally binding. My employer is therefore obliged to offer me a job on similar terms than I was on before as they have effectively brought my current job to an end.

Does this sound right? I don’t want to raise hell unless I have to as I work for a small company and I’ve been there for 15 years. I’d really appreciate any advice and will answer any questions. Thank you.

@MajorCarolDanvers
The way I read it is she's been offered her old job , this will become the new tweaked roll in the reorganisation. If op doesn't want it her maternity cover has been offered it . It's immaterial as to if it's already been offered ( up to the may cover to fight that )it only becomes discrimination if op is not offered it , she has been.

@MajorCarolDanvers

There's two roles, both of which the OP has been offered. The maternity cover will be offered OP's slightly different (due to restructure) role if she decides she doesn't want it.

I'm really surprised the opportunity for the role with less responsibility/pay is still available to OP. As soon as she raised a concern that as a woman returning from mat leave I was entitled to either my old job back or a different role on the same pay my spidey senses would have been tingling! After that, it would be original/tweaked job or nothing.

I think it would be more useful if OP would clarify.

I wanted to update this thread because I did receive some helpful advice, along with a bit of name calling and being made to feel like a lazy chancer! So I went back to my employer and explained that I did not want the new position they offered because perhaps I’d misunderstood just how much of a drop down it would be. At this point they panicked. As it turns out they had indeed offered my job to my mat cover and she had accepted. She’d even signed a contract. So me saying I wanted my old job back left them up shit creek (for want of a better phrase). Try tried to talk me into taking this new role but I know my rights and I stuck firm. They have now been forced to create a new position for me, 3 days a week, on the same salary (pro rata) that I was on before. I maintain my management position but with just one report instead of 24. They have bent over backwards to accommodate me. It can’t explain why really but I just knew in my gut that something was off about the whole situation. Anyway that’s my update and now I want to enjoy the last of my mat leave.

I'm glad it's worked out for you .