Have been told cannot return to my old job after mat leave..advice please..

[scootermum]

Hi, was wondering if anyone knows anything about this?Long though sorry..

I am about to return to work as the manager of a sheltered housing service, after my maternity leave, (my second mat leave)Following my first mat leave I returned to work part time, 26 hours (4 days a week)in North London.(Before DD1, had been full time)I had a deputy when I returned to work but her post was scheduled to be deleted, (this was on the cards before my 26 hours were agreed) and this ocurred about two months before I commenced my second mat leave.

My boss requested an informal meeting with me last week, and said I could no longer work part time and that I would have to move to manage a smaller service in West London in order to work my part time hours.
The new post is a 2.5 hour commute from me.Also as it is a smaller service, in two years my salary would be reduced (as my t and c would no longer be protected)thus it culd also be viewed as a demotion.The company have said they will pay for my increased travel costs but only for one year.(These would be about £250 a month, and I would not be able to afford,after the year is out, to fund this out of my salary)

The other thing is that my previous job still exists, an agency worker is doing it but working the full time hours.
There have been no issues with my performance, which has been rated as Excellent in all performance reviews.When asked why I could not go back to my old job I was told it was becuase the company is in the process of retendering to its partner agent who commissions the service and my part time hours would not be viewed favourably (although to my knowledge said partner agent never complained at my part time hours before my leave commenced and I completed all my work to a high standard)

I have stated that the new position would not be sustainable for me-it would mean 5 hours plus travelling a day and this would have a knock on effect on my child care arrangements and also in all probability my sanity!

They have said they will try to find an alternative but if they cant there will be no other option..
So what I want to know is, Should I have a legal right to go back to my old job?Can they force me to take the new position if they can find no alternative?Would it be constructive dismissal if I did have to take the new post as the travel time, and the increased costs I would be looking at after the years funded travel had run out would mean I would be forced to find a new job?

And also is it a bit dodgy that they have given me less than a months notice re all of this?I am due to go back on 25th Feb!

All advice gratefully received..

not sure if can be much help but how long have you been off on ML? I'm sure that there is something in the law about offering you something of similar type if you've been off for under a year and the same job if under 6 months.

Constructive dismissal is a tricky area and quite difficult to prove - not expert enough to know if your points about costs/time of travel are enough..

Really feel for you - rotten thing to spring on you just before you come back.

Can I offer some sympathy and fellow feeling? Found it this week that the hours/role I had discussed before m/l have now faded away rather - just working out where that leaves me - it's rubbish isn't it?

Been off 9 months..so maybe they can make me take the other post then..
Am so upset by the whole thing really as dont want to go back to work at all, but the thought of the new commute, (my old one was bad enough)is not a happy one..Plus feel like all the hard work have done before is just being ignored..
Am trying and failing as you can see, to not be emotional about it

Wow! scootermum, I really feel for you! BEFORE I went on my ML they advertised my role as perm. So I don't have an actual job, they just said they'd sort it out when I came back. I'm five months into my ML now, and its been spoilt by my worrying, 'whats gonna happen...'

This is a direct quote from the DTI site on your rights

RETURNING TO THE SAME JOB AFTER MATERNITY LEAVE

When a woman returns to work from maternity leave she has the right to return to the same job, on the same terms and conditions, as though she had not been absent. However,

If there is a reason which makes it impracticable for the employee to return to her original job, a similar job must be found for her. The new job must be such that:

• The work done by the employee is both suitable and appropriate for her to do in the circumstances; and
• The terms and conditions of her employment ? including the quality of the working environment ? are no less favourable to her than they would have been had she continued to be employed in her old job.

If the new job that is offered to the employee fulfils the criteria above and the employee refuses it, she will have effectively resigned.

If the new job that is offered to the employee is not suitable or appropriate or if the terms and conditions are less favourable than they would have been if she had returned to her old job, the employee may bring a claim for sex discrimination or a detriment claim in a tribunal, or might be able to claim constructive dismissal.

from betsy's post I wouldn't say a post you had to travel 5 hours a day meets the condition... so scooter I think you might need to point this out.

Go SCOOT

I would look take heart from the info on the DTI site. It sounds to me like the conditions of the new role do NOT identify it as a similar role. I think you need to have another talk with your boss

I would write a letter/email first - you are rightly upset about it so might be as well to set it out in writing so are really clear as well as talking to your boss.

Thanks all..that site is really helpful.Am waiting to hear what they come up with, although they are taking their time, but if its not something suitable then will point out to them the legal bits..its all a bit scary but I guess I dont have a choice really..
But why does everything have to be so complicated?!