Returning from maternity leave and being encouraged into new role

[Fourlittlepiggies]

I am soon returning to work after mat leave. My mat cover was made permanent when I was off and I am now being encouraged into another role, which is absolutely not of interest and not my experience or skillset. Because of some team changes (a team I lead) whilst I have been away, if I return there will be 4 senior people rather than 1 (me) when I left so I am somewhat surplus to requirements I think.

I REALLY don’t want the other role, but understand they only have to give me a role of the same level as before I went off. Does anyone have any advice or is it just a tough shit situation?

You don't have much choice. Give it a go. If you don't like it look for something else.

How long were you off for?

Is your maternity cover still doing the same role/job as you were before you went on leave? If so they can’t push you into another role and keep her in your job. If they have restructured that is different.

Yes she is. By restructure, I mean a couple of others in the team have been promoted (but still report to her/ me).

I will have been off for 12 months when I return. Not that it makes a difference but I’ve been at the company over 10 years.

They can’t push you into the other role even if you’ve been off for more than 6 months. They’re walking into dicey territory so are trying to persuade you to accept a new role. You have every right to refuse and have a right to your job as it still exists.

https://www.acas.org.uk/statutory-maternity-leave-and-pay/returning-to-work

If they've taken more than 26 weeks' maternity leave
They have the right to return to the same job unless the employer has a genuine reason why this is not possible. In these cases, they have the right to return to a suitable alternative role.
This right applies even if someone else is covering their job well during maternity leave.

Yes they can’t make you. You can refuse and expect to be in your original role.

Thanks everyone, I appreciate the advice.

contact ACAS / your own union if you are a member, and look at Pregnant then Screwed.

Good luck with it all and keep us posted!

You have the right to return to a role that is 'no less favourable'.

If it is less favourable, have you thought what your ideal outcome is here? Is there any compromise you could propose?

I would just email

thank you for thinking of me but that role doesn’t seem ideal to me. I think I will pass on the role change offer and I will return to my usual role, on the planned date of x . I’m looking forward to seeing everyone and getting back into it!
regards,
Piggies

The legal outcome is she goes back to her job as it still exists. She doesn’t need to compromise.

Are you going back on the same hours? That would give them grounds to offer you an alternative role. If your going back to the exact routine you had before mat leave, you have grounds to fight for your original role.

My understanding is if you are off for more than 26 weeks you have be offered a role at the same level and pay but it doesn’t need to be your role if it’s changed.

They can’t hire the maternity cover and just move OP if the role is exactly the same. Hence why most companies will restructure / change the role to make the move legal. Or if OP has requested a change in hours.

OP if your job spec / role has changed (worth asking) they don’t legally have to offer you your old role. Or it’s very hard to prove discrimination. If it’s exactly the same role it would be discrimination.

Any role they do offer has to be equivalent to your old role.

As the op has had more than 26 weeks off, and there has been a restructure, its just not that straightforward.

OP would benefit from having a conversation irl with someone about this.

She handy said there has been a restructure. 2 or her colleagues have been promoted. Her job still exists as it did before. Acas explicitly states it can’t just be given away to maternity cover even if she been off for more than 26 weeks. They have no valid reason to do so

Thanks everyone. I confused things by mentioning a restructure. 2 people within the team have been promoted (1 at my suggestion), so the team has a number of senior people vs just me before I left.

I am going back the same number of hours. I fear they will try to split my role between me and my mat cover - there really isn’t enough for us both to do and she will 100% kick up a fuss.

They can do what they want with the maternity cover but legally your job should be yours. And she’s your employers problem. Hope the return goes smoothly!

I didnt read that properly. I think you're right. And based on the latest update, its nothing like a restructure.

OP I would write a strongly worded letter asserting your rights to return to your job.

This happened to me when I returned to work but with my direct report who had stepped up whilst I was on leave. He’s very ambitious and basically said he wasn’t willing to step back down when I returned (I didn’t know this at the time). I was offered another same level job that they’d created for me, but I also feel a bit surplus to requirements and now feel a little bit at risk of redundancy (I’ve been back 18 months). In the meantime however I’m just enjoying that I don’t have a rediculous workload and I have a lot of flexibility!

@FourlittlepiggiesTry speaking to this charity for some free legal advice: https://pregnantthenscrewed.com/ . They’re there to help women in this sort of situation