Change after maternity leave

[Seaswimmingdeservessunnydays]

I am a teacher and due to go back to work at Christmas. I also have a leadership and management role. This means I teach 60% of the time and work on leadership projects for the rest of the time. When I go back to work, my teaching will go up to 75% and some of my leadership work is going to be given to other people.

I have been on 60% teaching for 5 years. Has that now become part of my terms and conditions? Can I argue this is a less favourable job? Feels like demotion to me.

How much maternity leave will you have taken?

A year

I know that means I don't have the right to return to the same job

But I thought any alternative job had to be no less favourable

Will it mean a change in pay scale, hours, seniority, flexibility etc? Or is that t just the split of responsibilities?

Will the alternative be for the rest of the academic year and then uplift from next Sept?

I'd not be overjoyed if this happened tbh. Did you ask anyone why they'd changed it?

You have the right to return to the same position with the same terms and responsibility unless there have been changes to the organisation that make that impossible. If so, they have to give you a position at the same level of seniority, pay and location but there's no legal basis for saying you must find it as favourable.

@girlmom21 , the law says women in my situation have the right to return "on terms and conditions not less favourable than those which would have been applicable to her had she not been absent from work after the end of her ordinary maternity leave period or (as the case may be) during her period of parental leave". That's the legal basis.

@Hercisback , the supposed reason is a restructure. In practice, this means giving a load of male staff a promotion, more pay, less teaching and more leadership responsibilities. So I would have more teaching and fewer leadership responsibilities to make room for this. It is permanent.

@RestingPandaFace , payscale will be the same. Seniority will be the same. BUT the men being promoted will be being put onto a new higher payscale above me.

@girlmom21, sorry, meant to add that my question is really how far does less favourable stretch.

payscale will be the same. Seniority will be the same. BUT the men being promoted will be being put onto a new higher payscale above me.

Your best bet might be a call to prenant then screwed.

I’d say it maybe just falls on the side of what’s legal, but I think you could argue it either way.

At the same tIne you should have been considered equally for promotion although on mat leave, and particularly if you are employed by a local authority there should be transparency around how the decision on who to promote was made.

I agree - contact Pregnant Then Screwed, especially if they've effectively demoted you by promoting the men to a 'higher' level.

Union ?
I would definitely challenge this
Assuming you are public sector I think you have a fair chance
In private sector it is very different

Union have challenged but union rep and I are both debating this less favourable issue before taking it any further

Once you take the full year rather than 9 months your rights change

It sounds like they are on the right side of legal but I would take some professional advice

On what basis have the others been chosen for the promotion? Did you apply? Could you have?