Pushed out on mat leave - what next?

[Threesmycrowd]

I'm on mat leave, due to return in November. My cover recently resigned and the company have just put out an ad for a new position...its full time, permanent and the job description is identical to my job description, except that the job title is senior and its more money. They expect me to return and have made noises about me sharing the role with the new person but I didn't realise until I saw the ad how much this completely usurps me. I'm not sure what to do next. If I return it is effectively a demotion - i imagine that any of the higher level work will be done by this new staff member and I'll end up doing the lower level day to day stuff. It's a small company and there isn't enough work for 2 people operating at the same level.

I get on well with everyone at work and my performance has never been questioned. However, since going part time (after my first mat leave) I struggled to fit everything in and I agree that they need more staff in the department. For me the best solution would have been to have a full time junior assistant although of course that isnt the solution for the next 8 months so they are in a difficult position. Does anyone know where I stand legally? They will take me back in November in my part time capacity as before.

How long is your maternity leave? According to this page, you are entitled to return to same job if less than 26 weeks, otherwise it can be a 'similar job' (though with same pay, terms, seniority etc.).

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/returning-to-work-after-having-a-baby

If it's the same job as you're doing, can't you apply for it?

Thank you for the reply. I'm taking 10 months.

Sorry, I forgot you're PT and they want someone who can do more hours. Ignore my post. Sorry.

I cant apply for it because its starting now and it's full time. So I suppose not identical to my set up in that I am part time - but the list of responsibilities is the same.

Have you asked them if, because you're more experienced, you could have the job PT and have someone doing your job FT?

I would get some legal advice. You can still apply, asking for the promotion but also submit flexible working to make it part time or job share?

@MarshaMelrose thank you that's a good idea. The problem is that they need someone now and I don't want to return before November. But I could at least open up a conversation.

@GlorifiedChair thank you for the link. It says I'm entitled to return to a job of the same seniority so I think they are in the wrong. Although on paper I will be so it might be hard to challenge but in practice it's inevitable that I'd end up doing the more junior work.

Couldn't they employ someone now to do your job and you just go back doing the higher job? If I were in your position, I'd write a plan why you having that job over anyone else would be of greater benefit to the company rather than employing someone new. And then ring your boss and outline the advantages to them.

When I was on Mat leave in the Nhs, and my Trust went through a change process, my role was protected. Talk to your union.

I think mat leave is not supposed to mean you can’t go for jobs. as that is discrimination.

Id take advice, see acas website first, then phone if no advice on it.

Id go for the job. If you don’t get it they would have to have a good reason. I don’t think ‘coz you’re on may leave’ is legally allowed to be used as a valid excuse to not give you the job.

although I don’t know what the deal is about accepting a full time job and then asking to reduce your hours. They have to legally consider it though as it’s due to childcare.

Defo look at acas.

@Threesmycrowd forget all the they want them to start now nonsense (it’s their problem) and apply.

Applying makes them very aware you want the job, if you get the job they can recruit to backfill your current role.

Trust me if you don’t apply and once you return you point out you would have liked the job they will say “so why didn’t you apply?”.