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Returning from maternity, altered role

121 replies

ARealFake · 19/12/2023 17:38

I don't know where I stand with this, I don't want to rock the boat as I love my job but I'm not going back to the exact same role.

I'm returning from a year's maternity leave next year and I've dropped my hours by one day. I work as a Personal Assistant, my contract says PA to XXX so a specific person. Because of the drop in hours I've been told I cannot go back to the same role, I will be in the same team, the same line manager, the same everything but I will be PA to someone else, I'm not happy about this as have a great relationship with the person I PA to but they want someone full time.

Would you say nothing and see how it goes? My maternity cover is now going to do my job full time, I feel really upset by this.

OP posts:
Wheresthefibre · 13/01/2024 13:19

ARealFake · 13/01/2024 12:42

@FredaFox my contact says PA to CXX and is not a support who needs it role. I was employed to support whoever the CXX is.

A colleague has commented on how awful maternity cover person is being to me, she's so manipulative and she gets away with being like it. I wouldn't know where to start in reporting her, plus she and my line manager are close.

So if the CXX role was eliminated. You would be fine with your role being eliminated too? Because you only work for the person?

Your old role is either more senior or it’s not. You perceiving it as more prestigious doesn’t impact wether they have acted legally or not.

Think about this. You have a great relationship with CXX. Everyone knows this. New PA is CXX is awful. Openly awful. Manipulative

But CXX hasn’t stepped in and said they want you back even on 4 days. And they have been happy to accept this awful mat cover. Your line manager has given them a perm role?

Neriah · 13/01/2024 13:20

ARealFake · 13/01/2024 05:35

I believed that in practice, there is little difference between the rights of an employee returning within the first 26 weeks of maternity leave and those of an employee returning after 26 weeks because it is very difficult for an employer to argue that it is not "reasonably practicable" for an employee to return to the same job as they carried out before they went on maternity
leave. Your employer can't just keep your temp maternity cover in your job and transfer you elsewhere - if your job still exists, it can't just be handed to someone else.

And this is where you (and anyone agreeing with you) are entirely incorrect. Lots of people are "sympathising" with you, and that's fine, but sympathy isn't law.

There is a huge difference to the returning employee and you have been told what that is. Whether you returned full time or not, before 26 weeks you have the right to return to your job (and there is some doubt that that would have conferred the right to return as a PA to the exact same person); after 26 weeks you have the right to return to a suitable alternative role with the same terms.

But regardless of that, you asked to vary your terms and came to an agreement to do that, and that is the point at which the job you did previously is no longer "yours", so yes, the employer absolutely can move you elsewhere to a suitable alternative and "your job" (which is actually the employers job and always was) can be given to whoever they like.

That's the law.

And your employer is not required to alert you to the rights and/or options surrounding the decisions you make. That is what a trade union is for.

What you believe you should be entitled to, what assumptions you made, not anything else is irrelevant. The employer has complied with the law. And that is the blunt end of it.

So sympathy might be nice, but there are two lessons from all this:
(a) your employer will do whatever they want within the law, and loyalty or good service etc., etc. have no bearing on them doing what they think is right for them. What is right for you or what you want will never feature in their reckoning unless it happens to be good for them too.
(b) never depend on your employer to advise on your rights, and don't base decisions on what you believe.

bobomomo · 13/01/2024 13:24

Unfortunately this does happen when you have extended leave (over 6 months) as companies do have to make changes to continue operating without you. Now the person who covered you from what you write seems to be stirring, they obviously see it as a promotion in prestige though in reality the company probably doesn't so at employment tribunal you wouldn't have a case.

A neutral person to discuss with sounds a good idea but take it from someone who had a similar office dynamic personality wise, you need to use business style language and avoid anything that sounds like playground spat arguments - those who want to cause trouble get away with it by taking the high ground. Unfortunately arguments between PA's will be belittled by others unless you are careful

OneMoreTime23 · 13/01/2024 13:25

ARealFake · 13/01/2024 13:00

@Bookworm1111 I received a letter advising new hours but no contact and I've not signed anything

That would be considered evidence of a contract change.

OneMoreTime23 · 13/01/2024 13:26

Viviennemary · 13/01/2024 13:13

I didn't read your last post. Sorry. Sounds like you've been manoevoured out by a schemer. Could your old boss and her be having an affair. I would smell a rat here. You should have been given the chance to go full time instead of losing your previous role. It does sound unfair now you've explained what happened.

WTAF?!

VisionsOfSplendour · 13/01/2024 13:31

Viviennemary · 13/01/2024 13:13

I didn't read your last post. Sorry. Sounds like you've been manoevoured out by a schemer. Could your old boss and her be having an affair. I would smell a rat here. You should have been given the chance to go full time instead of losing your previous role. It does sound unfair now you've explained what happened.

😂😂😂😂 that's so much more likey than it being full time position. .
Maybe the cover person has played a good game but I think you're reaching there

Macaroni46 · 13/01/2024 13:36

Viviennemary · 13/01/2024 13:13

I didn't read your last post. Sorry. Sounds like you've been manoevoured out by a schemer. Could your old boss and her be having an affair. I would smell a rat here. You should have been given the chance to go full time instead of losing your previous role. It does sound unfair now you've explained what happened.

🤣🤣🤣

Oblomov23 · 13/01/2024 13:37

I have sympathy. I was treated very badly in my last job, finished a week ago, and am still hurting from it. But being hurt, them being nasty, and 'employment law' are two very different things.

HillyHoney · 13/01/2024 13:43

Sorry OP, I haven't had time to to read the full thread but in my experience there is.l value to keeping your head down and binding your time when a bossy/difficult/scheming new person joins. Sometimes they show their true colours pretty quickly - things can change pretty speedily in these kind of environments. I was an EA for years and both saw and experienced similar situations at different times l. I do find that senior managers often tend to treat PAs and EAs as both interchangeable and endlessly, uncomplainingly flexible - I think it's something to do with a) 99% of the time, these roles are done by women and b) it's very much the nature of a PA/EA role to be flexible and respond to change effectively. There's a line though! Best of luck with whatever you do.

Bookworm1111 · 13/01/2024 14:16

Viviennemary · 13/01/2024 13:13

I didn't read your last post. Sorry. Sounds like you've been manoevoured out by a schemer. Could your old boss and her be having an affair. I would smell a rat here. You should have been given the chance to go full time instead of losing your previous role. It does sound unfair now you've explained what happened.

Ridiculous overreach!

FredaFox · 13/01/2024 15:03

Viviennemary · 13/01/2024 13:13

I didn't read your last post. Sorry. Sounds like you've been manoevoured out by a schemer. Could your old boss and her be having an affair. I would smell a rat here. You should have been given the chance to go full time instead of losing your previous role. It does sound unfair now you've explained what happened.

😂😂😂 are you for real?

FredaFox · 13/01/2024 15:05

HillyHoney · 13/01/2024 13:43

Sorry OP, I haven't had time to to read the full thread but in my experience there is.l value to keeping your head down and binding your time when a bossy/difficult/scheming new person joins. Sometimes they show their true colours pretty quickly - things can change pretty speedily in these kind of environments. I was an EA for years and both saw and experienced similar situations at different times l. I do find that senior managers often tend to treat PAs and EAs as both interchangeable and endlessly, uncomplainingly flexible - I think it's something to do with a) 99% of the time, these roles are done by women and b) it's very much the nature of a PA/EA role to be flexible and respond to change effectively. There's a line though! Best of luck with whatever you do.

100% this!! Thank you!!!!

SheilaFentiman · 13/01/2024 15:21

Viviennemary · 13/01/2024 13:13

I didn't read your last post. Sorry. Sounds like you've been manoevoured out by a schemer. Could your old boss and her be having an affair. I would smell a rat here. You should have been given the chance to go full time instead of losing your previous role. It does sound unfair now you've explained what happened.

What a lot of 💩

GreatGateauxsby · 13/01/2024 15:57

Ahhhh based on that update…
the Company haven’t acted in good faith but post-26 weeks all bets are off…
ie it’s crap but legal…

my advice is still focus on getting into the rhythm for the next 6 months and see if 4 days / new role can work well for your new lifestyle.
If it does you may want to stick with it because stability / availability for your child is important (for now)

I only say this as when I went back at 13m I had very different views vs when my dd was 18m…

tldr on my mat leave is I got dicked on in a different way and was NOT happy on returning…
BUT ultimately my level/pay is the same and my new role is waaaay less pressurised (but also not as high profile/prestigious)
i was set on leaving butttt as my dd got bigger I changed my mind.
i like have the flex and finishing on time so decided fuck it… it suits me and the money is good I’ll stay for a while…
I am very career focused and neveeeerrr thought this would be me. I’d have laughed if you told me this 2-3 years ago.

I think if you aren’t happy in 6m I’d be looking for a new job - I’ve always believed in voting with your feet but I would try and give it a chance if only because the sheer amount of change at the minute can make it hard to see the wood from the trees and 4 day is hard to get unless already in role so you’d likely move to a new job which is 5 days

AskingForAFriend12 · 13/01/2024 16:09

Your problem isn't coming back from maternity, its coming back to 4 days. The PA for XXX needs to be full time. So the company either offers you a different person to work for or will refuse your request.

MariaVT65 · 13/01/2024 17:37

I don’t think you have a leg to stand on regarding any kind of demotion. Yes ideally you should be offered a similar job to before, but the reality remains that some jobs need full time hours. I was told that I could not go down to 3 days in my role because it was a project that had a deadline, which I found to be fair. Your CXX also wants a full time role. It also even sounds from your recent post that the impression you gave was that your priority was going part time.

Crazycrazylady · 14/01/2024 00:00

Honestly. They were entitled to give you a different boss even if you were conning back 5 days . I'm sorry you're disappointed but I think you're at nothing looking for legal remedy. I'd chat to your old boss telling him you miss
Him and leave it there.

prh47bridge · 14/01/2024 00:13

Since your contract says you are PA to CXX rather than simply specifying that you are a PA, that role still exists and you were initially told you could return to that role 4 days a week, it is possible you have a claim but by no means certain. If you want to know, you need to consult a lawyer who specialises in employment law. If your home insurance includes legal cover, they may be able to help.

Justfinking · 14/01/2024 07:21

If you feel this strongly you could chat to your old boss about it, but it looks like a. They want someone full time and b. They may prefer the other person, in which case if you fought this (although I don't see how you have any grounds anyway), it would be awkward if your boss isn't keen on you working for them anyway. I'd look at the new position as an opportunity for personal growth

GingerFox2021 · 16/07/2024 20:49

I’d go back full time as a PA to someone I like working with, if possible.

SheilaFentiman · 17/07/2024 07:29

GingerFox2021 · 16/07/2024 20:49

I’d go back full time as a PA to someone I like working with, if possible.

The thread was started Dec 2023 and the last post was mid Jan - I think OP is either back now or has quit!

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