Maternity discrimination

[Cosylifethree]

I’m due to return to work soon (took 12months maternity leave) and I work in the civil service. I was called into a meeting on my KIT day, not by my line manager, and was told I was not going to go back in my job role because my boss wanted my maternity cover to continue on in that role. I know my boss well, she hates anyone with children, has none of her own and clearly doesn’t want me working in there when I have a baby at home. I’ve been offered three alternative positions, the same Pay Band and not officially a demotion but much less responsibilities. My option to work from home twice a week has also been taken away as this is not an option in those roles. I’ve decided I’ve no choice but to go back part time to maintain the WLB I had for me and my family (I have two more children in school). I feel so deflated and defeated, I feel I’m being discriminated against for having a baby but at the same time do I want to kick up a fuss and work directly under a woman like that? No, So decided to go back part time and maybe look for something else, what else can I do. How is this still happening😔

Unfortunately after 6 months maternity leave, legally they can move you to an alternate role. Sorry.

If you take longer than 6 months, you’re not entitled to return to the same job. Your terms of employment and benefits remain the same, but you can be offered a new job instead.

You're not being discriminated against for having a baby. You took extended maternity leave, so lose the right to go back to your original role, they have offered you alternative positions on the same pay.

I was under the impression that employers cannot do this just because they prefer your maternity cover to you. The only reason they can offer you another role is if they are restructuring and there is no alternative but to offer them a different role. The idea that an employer can just choose someone else they prefer over you because you are on maternity leave is not OK. Seek advice from union or Acas to be sure of your rights.

It’s the amount of time that OP has taken off that is the difference, as PPs have said.

My jobs have changed both times, but mostly because of restructures while I’ve been off.

Yes restructures are a valid reason. Preferring the maternity cover over OP is not a valid reason no matter how much time taken off from my understanding.

@Cetim you're correct.

OP scroll down to the bit about being on mat leave for longer than 26 weeks. It specifically says they cannot offer you a new job if "your job still exists - for example if they’ve given it to someone else".
It is maternity discrimination.

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/#:~:text=You're%20entitled%20to%20return,return%20to%20the%20same%20job.

Obviously it's up to you what to do OP but I would 100% fight this. They're wrong, they cannot do this. Plus you've lost your wfh option. I wouldn't be dropping to part time and losing the pay and pension contributions unless I really wanted to, rather than feeling pushed into it.

Even if I started looking for a new job immediately and ended up leaving fairly quickly, I'd return from mat leave to my role on a point of principle. It's winding me up just thinking about it.

Lots of incorrect advice on this thread, although I see a couple of posters have got it right.

Your original job still exists so your employer must give it back to you. They cannot refuse to do so just because they prefer your maternity cover. They can only move you to an alternative role if your original job no longer exists.

Even if they were allowed to move you to an alternative role, it must be on the same pay, benefits and holiday entitlement as your old role. It must also be at the same level of seniority and in the same location. From what you post, the jobs you were offered do not meet these requirements.

This is a clear case of maternity discrimination. Please consult a solicitor who specialises in employment law as soon as possible and start a claim against your employer. That is the only way rogue employers like this will be brought into line. If you have legal cover as part of your home insurance, they may be able to provide a lawyer for you.

Thank you everyone, I appreciate all answers. I’ve read lots of conflicting advice online, I just feel unappreciated for all the work I have done and to be moved to a role for essentially, just having a baby, is upsetting. I was never given the impression this would be the case when I left on maternity leave and they knew how long I would be gone, no one said anything. My job hasn’t gone or been restructured, my boss just prefers my maternity cover, there were never any performance issues on my part. I’m going to look for something else, it may be that this is all above board legally but I feel humiliated and I’m going back into a role with less responsibilities albeit the same pay, which everyone knows. Thank you for all the advice.

Honestly op, i would really recommend you stop expecting to be appreciated at work. Companies these days just treat everyone as a number. You can be the best employee ever but you are still dispensible to a company. Loyalty and knowledge don’t matter. So if you can get a better job elsewhere, go for it. Just double check that you don’t need to stay there for a period after a mat leave if they’ve given you an enhanced maternity package.

No, it is not above board legally. Those posters saying it is are wrong. The rule about not having to give you back your original job if you take more than 6 months maternity leave only applies if your original job no longer exists. Your role still exists so they must give it back to you. Giving it to your maternity cover is a clear case of maternity discrimination. As per my previous post, please make a claim against your employer. Rogue employers like this need to be stopped.

I’m going to look for something else, it may be that this is all above board legally

It isn't above board.

Although I understand wanting to look elsewhere.

Contact pregnant then screwed they are absolutely brilliant

I had never heard this, that’s really useful to know…

Sorry OP, I had no idea they could do this! Awful. Can you put in for a flexible working request for the new role (if there are any flexible working provisions that would help you)

EDIT: I’ve just read a few other comments that say they CANT do this if your job still exists which makes total sense to me… I second the “pregnant then screwed” suggestion. Even if you do want to (understandably) leave, I would still fight this (a) on principle (b) to get a possible pay out and (c) to teach them they can’t do this!!

do you have a union

Whatever you decide to do OP stay strong and look after yourself. This is hurtful stuff (I know from personal experience of this). Sadly in the 21st century many women are still facing this. Take care x

Please call Pregnant Then Screwed, this isn’t ok what they’re doing to you and you don’t have to just put up with it. PPs are wrong, they can’t just take you away from your job if it’s still there, it is discrimination and it’s looking like constructive dismissal. Please get advice.