Is this illegal

[notsureabthis]

Hi everyone, I'm looking for a bit of advice on the following

I'm returning to work after being on maternity leave, I plan to return in 4 weeks, I had a call with my manager today to discuss my return, I originally worked 35 hours and still plan to do the same hours , my manager told me today "I don't think I can offer you 35 hours we don't have the position, however I can offer you less hours"

I was a bit confused. I got speaking to one of my colleagues after the call & I was told, the reason I can't work the 35 hours is because, whilst I was off on maternity they hired someone to cover my hours. So their letting that person keep the 35 hours which means I have to have less. (My manager didn't say this, this came from a colleague)

My manager also said she assumed with a baby I would work less hours...

I told a friend and she said that it's illegal. I don't think it's illegal? But I'm disappointed.

How long were you on mat leave for, and are you contracted for 35 hours?

Are you contracted for 35 hours?

How long have you been on ML for? I'm no expert but I'm pretty sure if you go back after 6 months they have to offer you the same role you had. If it's after 6 months I believe they have to provide a role but it doesn't have to be the same - you can't be penalised though so can't be a demotion or less pay. I'd think it is illegal.

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/returning-to-work-after-having-a-baby#:~:text=If%20you've%20taken%20more%20than%2026%20weeks&text=If%20you%20use%20additional%20maternity,be%20offered%20a%20similar%20job.

I have been on maternity leave 8 months & yes I'm contracted for 35 hours.

Actually it says on here they can't offer you a different job if your job still exists:

www.citizensadvice.org.uk/work/maternity-and-parental-rights/check-your-maternity-and-parental-rights/maternity-leave-and-pay/maternity-leave-your-options-when-it-ends/

You don’t have to be offered exactly the same role, but you do have to be taken back under the same terms. I believe there’s a website called Pregnant and Screwed where you’ll be able to get advice.

From Gov.UK. As you've taken more than 6 months the below applies.

If employees take more leave

If the employee takes more leave they’ll have the right to their job or a similar job (if it’s not possible to give them their old job).

Similar means the job has the same or better terms and conditions. If the employee unreasonably refuses to take the similar job the employer can take this as their resignation.

This is your employers problem to resolve. They've given your job to someone else. That's bugger all to do with you. You're entitled to come back to your role by law. They'll need to redeploy/fire/whatever the other person. It's nothing to do with you.

I'd contact the HR department for clarity, firstly. Are you in a union? If so, keep them in the loop. Speak to ACAS also.

I would contact ACAS.

Yes it’s illegal.

Escalate to HR.

Speak to Acas and your union if you are a member of one.

Your manager cannot do this.

Your employer shouldn't "assume" anything about your hours since you returned from maternity leave, and they are idots to admit that. They certainly can't have the hours available and not give them to you, in favour of someone who was covering your mat leave.

You come back from mat leave on the same conditions stated in your extant contract and if they need to change your hours or other conditions due to changing business needs then they need to enter into a proper discussion with you, not just assume and give away your hours to someone else.

I would formalise your concerns in writing that you had every intention of returning to work on the same hours you've always done, and that their removal of those hours constitutes a breach of your employment rights citing maternity as a protected characteristic under the Equality Act (2010). Just by stating this, is likely to make them backpedal. It's their problem to reconcile the situation with the person who covered your mat leave.

Contact Pregnant then Screwed https://pregnantthenscrewed.com/

They were a great help to me, firstly when I returned from Mat leave and my company tried to force a demotion on me and secondly when a company tried to have me pay them a sum of money for the privilege of WFH (yes, it was bizarre!). They put me in contact with a solicitor for free advice and it helped resolve both situations.

From your OP it is clear that your job still exists. They must therefore give it back to you. Even if it doesn't, they must give you a job on the same or better terms and conditions. They are clearly not doing so. Your friend is correct that reducing your hours in this way is illegal.

As you have only been off 8 months, as your current job still exists, they have to give it back to you

Contact ACAS or Pregnant Then Screwed

Get advice from other sources as others have suggested - company are behaving badly and probably illegally. Sadly many do over maternity rights.
Also send an email to said manager summarising your understanding of the conversation. Give them a set time to respond in - amend anything etc. Do this for any interactions with them to get a paper trail....