team erstructure resulting in job change during my ML - is this legal?

[kateyfer]

Hi, long one, sorry!

I started my maternity leave approx 12 weeks ago, and have recently found out about a team restructure that has left me with a definite change in responsibilities (including a job title change). while this new job is at the same terms and conditions as my previous role, I was under the impression that NO changes could be made to my role within my 9-month allowed maternity leave period (which seems to be backed up by a statement on my company's HR website).

The only reason that I found out about the restructure/change in role is because one of my team forwarded the company-wide email on to me for information. Surely I have a legal right to know about any direct changes to my team/job even while on ML?

Additionally they have also employed another member of staff (a new position) that I will be line-managing upon my return, but again I was not involved in the consultation that led to this new position being created...

I would like some information/advice on whether:

a) they are allowed to change my job without consulting me
b) I have to perform the new job description (it is significantly different to my current role)
c) I have any right to challenge this.

Any comments/advice/guidance welcomed before I raise my concerns with HR.

Many thanks

Kate

Are you planning on going back to work after your maternity leave, and if so, when?

Your main rights apply on return. If you go back after six months or less, you are entitled to your old job back. If it was going in a redundancy type situation (which a reorg can be legally, even if the same number of jobs are left afterwards), you should have been consulted with. If you go back after six to 12 months (it's not 9, it's 6 that's the cut off), you are entitled to a suitable job on the same terms and conditions (i.e. pay, location, seniority).

Either way, they should have informed you about the changes, even if they didn't have to consult you as such. You could raise a grievance that they didn't. However, I would suggest that, if you want to go back, that's not necessarily the best approach. I'd contact someone you get on with (either in reporting line or HR) and say you are concerned about being left out of the loop. See if you'd be happy with the new job.

There is no right at all to go back but refuse to work to the new job description. It's pretty much resign and bring a claim for discrimination, or live with it, in that respect.

Thanks RibenaBerry - your answer was pretty much what I thought. Yes I'm planning to go back after approx 10 months, so after the 6 month cut-off.

I'm going in to work to speak to my LM in a couple of weeks and to meet my new member of staff for the first time, so may just raise with my LM that I would like to be kept up to date with any further changes..!