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Raw Deal?

4 replies

itsybeans · 15/12/2004 13:08

Really need to get this off my chest. Due to go back to work in new year after 6 months maternity leave. Boss (a mother herself) has agreed for me to work a 3 day week (previously full time) which I'm delighted about. It since transpires that I'm not being offered original position, however company not formally informed me of this and just expect me to go back on my start date and pick up the scraps off the table. During my 6 months ML, company gone through 're-organisation' - new post created (strangely similar to one I left) and person covering my maternity leave has been given the job! Absolutely fizzing ! Money isn't the issue (position I believe I'm being offered is same salary scale), however I do see it as a step down the ladder again. Feeling extremely let down, after 10 years of loyal service to company. Irrepairable damage done and I want to leave. Do you think I'll have any luck getting voluntary redundancy? Don't really want to go down tribunal route as it's bad enough when your confidence is knocked in this way. Any advice would be greatly appreciated. Thanks folks!

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heymissytoe · 15/12/2004 13:21

Itsybeans - this is awful - not sure I can help much but I hope someone here can offer better and concrete advice - Prior to my maternity leave our org. re-structured and my post was the same so it was secure and I did not have to re-apply. During my mat leave my org. have restructured again and I have again been sent a letter saying my post has remained the same so no change. Ithink under the circumstances - you being on mat leave - your post should be much more secure than you've expereinced and by right you should have been given fair and equal opportunity to apply for your new post even on mat leave. I know that unless you return to a job for three months you will be entitled to pay back your employer any mat leave pay they have given you - but under your circumstances your union / tribunal(I know you don't want the latter / should be able to negotiate something for you - its your right

itsybeans · 15/12/2004 13:54

Appreciate the advice heymissytoe. You are lucky in that your company had the courtesy to send a letter. It is less than a month until I return to work and they haven't even given me any options - written or verbal. They have made a huge assumption that I'll be happy taken the job I used to do way back. Luckily (or not!), I only got the stat. maternity pay. Will let you know what happens

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popsycal · 15/12/2004 13:56

I was told that you are only entitled to go back to the job you left if you are on the same contract.......I am in a siilar stuation and hope to go part time after 6 months maternity - and they do not have to give you the exact same job if you requested your contract to be changed (ie part time). Worth checking out though

itsybeans · 15/12/2004 14:06

Thanks Popsycal. Yes, I'm aware of the part-time dilema. However, the company must come up with a solid 'business justification' for not offering you same position. I was simply advised that yes, it was fine for me to go part-time and of course, I assumed it was to fulfil same role. The crux of it is that a position (albeit full time) was filled as result of a re-org during my ML and, more importantly, before I had actually requested part time hours. I'm pretty sure that the fact I wasn't informed or given opportunity to apply for it (for whatever reasons) is direct discrimination. I'm actually feeling more fuelled up to taking this further now. thanks!

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