Replaced by Maternity Cover

[ARPHA119]

I desperately want some clarity.

I had 11 months maternity leave (I had provisioned for 12 months but reduced to 11 with lots of notice) and had ample time to train a cover up before my pending date of finish, however I didn’t know I was training someone to take over that role.
It was expressed that if this person did a good job that they would be made permanent and stay within our team. It’s worth mentioning that there had always been a silent note that we needed another Admin person to look after a different area of the business, so that’s what I assumed would happen. (Official notes of this are published on our company intranet page, so there’s a reason behind my assumption)
At around 8 months I had a call with my then manager and he expressed that she was being made permanent in that position and he’s being moved to a different department so he can’t explain what job I would be doing.
he did however try to get me to reduce my Mat leave in order for him to hold a position open for me in his new team, which was of ZERO interest to me and pretty much threw is hands up to say he doesn’t know what is to happen when I return. He did also massively knock me down by saying that my replacement is good and is a yes person. However, for context, when I started this job we had massive flaws in the operation and I had implented change but with backlash from existing staff. The MC has come in and got a easy ride basically, and everything is laid out for them.
My colleague, someone I thought was a friend, was checking in with me and I expressed my fustration to her. One of my frustrations was that I can foresee how this is going to play out and I would be picking up work for the Customer Service team.
She is now my manager when I returned.
And slow and steadily they are handing over particular jobs that are dealt with by the CS team currently.

Behind the scenes of this, me and her have spoken and she’s said that if I was adamant in returning to my job then she would speak to my MC, but this leaves me feeling awkward.
I'm a people pleaser and I don’t wanna rock the boat, but where the heck do I stand in all of this?!
Im yet to sign off on my new job description and agree.

Don’t you have to be give your job back after Mat leave ?

If your job is still there then they should be offering it back to you. Giving someone else your job and then offering you a different one isn't reasonable

https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/

Says
Your employer must be able to show that it is not reasonably practicable for you to return to your old job – this is unlikely to be the case, for example, if your maternity cover is still doing your job. This may be where there has been a reorganisation or other business-related reasons why jobs have changed. It may be maternity discrimination if your role has been demoted or changed, your responsibilities have been given to your colleagues, or your maternity cover has been kept in your role and you have been disadvantaged because of your maternity leave.

No, as I understand it. If you have more than 26 weeks maternity leave you're entitled to a job on the same terms as when you left, not necessarily the same job.

So what exactly is the new job they’ve offered you? And how does it compare to your previous one?

As I understand it, after 6 months the company doesn’t have to give you the exact same role back, just a role of equivalent level and salary, which it sounds like what has happened here.

I appreciate it feels frustrating but it doesn’t sound like they’ve actually done anything wrong - unless the new role is not at the same level or salary as before. It sounds like you do have an avenue to pursue if you feel very strongly about going back to your previous job - it may make things awkward but it depends how much you’re against the new role they’ve offered you and whether that would be worthwhile putting up with some awkwardness and bad feeling to have the role back.

I don’t quite understand the part about your colleague being your friend and now being your manager - do you just feel awkward because you confided in her as a friend but now she’s your boss?

Due to the length of maternity you took they dont legally have to hold your exact role they do have to give you an equivalent role.

Separately you made a massive mistake moaning to someone who is now going to be your line manager.

My personal advice would be to go back into the new role and see how you get on. If you dont love it - you tries and can look at other internal roles or moving externally.

Why are you worried about rocking the boat?

So many women get screwed over when they come back from maternity leave. You need to be really clear on what your rights are and be polite but firm with your line manager. She may well not know what the rules are…most line managers are worryingly uninformed about employment law. They should be giving you at least an equivalent role on the same terms and conditions. They shouldn’t be making someone else permanent and giving you a rubbish job or making you feel like you’re being difficult.

What is it that you want out of the situation?

The new role is customer service but an element of it.
being on the phones and paper pushing isn’t something I would apply too.
but honestly, my new manager is scrambling to find work for me to do.
My original job was Commercial Sales for export alongside export administration.
The excuse of “easing me in” is being used ALOT! however I have openly said, I want to be chucked in at the deep end, I dont want to be going to work twiddling my thumbs, which this past week I have been.

This kind of happened to me. My cover effectively took my role. When I returned to work, they carved off a bit of it for me but he was all over my elements and retained the most interesting and challenging elements. A change of management whilst I was off allowed them to get away with it as it was all badged as a reorg. I probably could have challenged it but I found returning to work tough with all the juggling with no family help so to be honest, I returned, kept my head down and looked for the next opportunity when I felt ready. It actually happened with my other pregnancy too. Bastards!

In terms of rocking the boat, I like the girl who’s replaced me.
she’s good at her job (I take pride in the fact that she’s had the best possible start to the company as my start was awful!)

what I truly want is to return to what I know and love which is my original job.
i created and enhanced that role.
I know what to expect for my day to day, however I do know that will be a struggle some days with childcare and travelling for work etc but I’m pretty sure I can manage.

According to citizens advice:

They can’t offer you a different job if:

your job still exists - for example if they’ve given it to someone else

Not after 6 months. You can be given something else on the same terms.

Have you requested to change terms (eg part time when you were full time?)

They can't if the job still exists. Giving it to the maternity cover means the job is still there and therefore should be offered back to the original employee

Sounds like clear cut maternity discrimination if they have given your job to someone else.
Maybe speak to pregnant then screwed or maternity action or even acas

https://pregnantthenscrewed.com/help/

Have you returned to work on the same working days and number of hours as prior to your maternity leave?

Yeah they can't do that unless there's a detail you've left out.

Yes, currently using my annual leave though for 1 day off a week until we’ve got full time childcare.
hours are all the same

They are shafting you tbh
You should be in your old job and your maternity cover person should be doing the alternative one

OP, please read these and other resources so that you can make informed decisions and requests (ideally through HR). You are not rocking the boat, you are simply requesting your basic legal rights.

Only details not mention is that my new current manager has also said I could have a case, but she hasn’t said that.
She’s picking up the chaos from the previous manager.

and in terms of roles between me and my MC we do have different titles. So could that be a loop hole that work could use?

there is definitely not enough work for that role to be split, that’s why they are cherry picking work from the CS team

There doesn't need to be a loophole, if your old job is still available they need to give it to you. They can offer you something on the same terms if that job isn't available anymore. Your cover doing it doesn't mean it's not available.

I definitely feel shafted. 😓

I can’t help but feel that my previous manager has thrown a hand grenade and then done one.
he should have offered my MC something alternatively first. She was after all temporary with the opportunity to go permanent.
and I would be none the wiser!
ive had nothing but anxiety and stress since the call I had with him now 4 months ago 🥺

This sounds a really dodgy situation legally.
Contact acas and pregnant then screwed for advice before signing any new contract/having any further discussions with work.

If the new role doesn’t properly exist as a full time role then I think you should stand your ground and insist they give you your old position back. The mat cover can pick up this new role you’ve been offered.

in the short term it might feel uncomfortable - and the reality is that if they really think your mat cover is much better than you in that role they’ll find another way to make that happen in the future - but that’s not likely if you’re competent and performing well. Your new manager also sounds much better than your old one so I’m sure she won’t shaft you.