Maternity leave rights - help, please?!

[Katie Thorn]

Good afternoon everyone,

I'm in need of guidance/advice and was hoping someone could help me, please?!?

To make a long story short, before going on maternity leave I was an assistant team manager in team A. A few months before going on maternity leave my boss offered my a position as team manager for team B as a secondment. Basically the team manager looking after team B was seconded to another area. I agreed to take on this role which I did for 6 months prior to my maternity leave starting. Before leaving I had a meeting with my boss who advised that if I I my took 6 months maternity leave I would be able to come back to this role - hence I agreed to just taking those 6 months.
A few days ago, while doing a Keep in touch day, my boss advised that there are no team manager positions available anymore as he had to get someone to cover my leave - meaning that I now have to go back to an assistant role. The issue is, the previous team manager that I was covering isn't back yet so I feel like I am being punished for getting pregnant in the first place. What's more, my boss also advised that there were NO assistant team manager roles available either as my previous role is still being filled in my the person covering my role while I was seconded out.
So, as it stands it looks liked don't actually have a job to go back to at the moment. He did mention that he'd put a business case coward for the creation of two addition assistant roles but nothing has been signed off by higher management and I am due to go back to work in 4 weeks - and my salary is going to be cut due to having to go back to an assistant role.

I'm not sure where I stand with this to be honest - are they allowed to do this (secondment issue and no role available for my return)?

Apologies, I know this is a long post but I was trying to explain the background.

Thanks in advance for your help.

[Inca]

Re: Maternity leave rights - help, please?!

Hi Katie and to LegalBeagles....unfortunately your query requires quite a specialist response so we recommend you visit a site called 'The Redundancy Forum'....they have employment specialists on there that should be able to help you more.

Good Luck

[labman]

Re: Maternity leave rights - help, please?!

Here you go:

http://www.redundancyforum.co.uk/

[wales01man]

Re: Maternity leave rights - help, please?!

If they were a royal with a new baby they could have paternity leave but then again hes always on holiday when does he do the job?

[Inca]

Re: Maternity leave rights - help, please?!

You have to remember wales,,,he's got a full time job in Anglesey...but he is 2nd in line to the throne and Queenie is an old chook now and not up to foreign visits and Charlie is no spring chicken..Monarchy is a business and he will be one of the top workers x

[wales01man]

Re: Maternity leave rights - help, please?!

TOP work for the most priveledged when was he last rescuing someone I like many think the monarchy should end when the queen goes as for the new baby at less than a day old its passed its entrance exam for eaton/got 6 a levels and a place at Oxbridge and a commission into one of the services wont need a foodbank wont be paying bedroom tax or waiting months for an operation and you reckon royals work hard? Miners work hard medics work hard could go on forever

[Inca]

Re: Maternity leave rights - help, please?!

Then we shall have to agree to differ wales,,cos I'm a Royalist and very happy to live in a Monarchy.I'm even more pleased that ,had the baby been a girl,she would have been Queen and not leapfrogged by a brother.

[wales01man]

Re: Maternity leave rights - help, please?!

Will agree with you INCA hows your chip shop?

[labman]

Re: Maternity leave rights - help, please?!

This is intended to be light-hearted; please don't take offence. Two sides of the argument reporting the same bit of news, the first pro-royal, the second anti:

http://www.dailymail.co.uk/news/arti...-new-baby.html

http://gawker.com/5992833/prince-wil...ployed-parents

[teaboy2]

Re: Maternity leave rights - help, please?!

Good afternoon everyone,

I'm in need of guidance/advice and was hoping someone could help me, please?!?

To make a long story short, before going on maternity leave I was an assistant team manager in team A. A few months before going on maternity leave my boss offered my a position as team manager for team B as a secondment. Basically the team manager looking after team B was seconded to another area. I agreed to take on this role which I did for 6 months prior to my maternity leave starting. Before leaving I had a meeting with my boss who advised that if I I my took 6 months maternity leave I would be able to come back to this role - hence I agreed to just taking those 6 months.
A few days ago, while doing a Keep in touch day, my boss advised that there are no team manager positions available anymore as he had to get someone to cover my leave - meaning that I now have to go back to an assistant role. The issue is, the previous team manager that I was covering isn't back yet so I feel like I am being punished for getting pregnant in the first place. What's more, my boss also advised that there were NO assistant team manager roles available either as my previous role is still being filled in my the person covering my role while I was seconded out.
So, as it stands it looks liked don't actually have a job to go back to at the moment. He did mention that he'd put a business case coward for the creation of two addition assistant roles but nothing has been signed off by higher management and I am due to go back to work in 4 weeks - and my salary is going to be cut due to having to go back to an assistant role.

I'm not sure where I stand with this to be honest - are they allowed to do this (secondment issue and no role available for my return)?

Apologies, I know this is a long post but I was trying to explain the background.

Thanks in advance for your help.

Right there is too aspects to this issue.

1 you are entitled to return to the same position that you were in when you went on maternity leave (Employments rights act 1996 section 71 ss 4(c))

and

2 - You have the right under the equality act 2010 section 18 to not be treated unfavorably by the employer whilst on maternity leave or for being on maternity leave. For an employer to do so, it may even amount to being sexual discrimination.

Basically as your employer is not allowing you to return to the role you had, prior to your maternity leave and instead is allowing the person that was originally only meant to be a stand in, to cover your position, to keep what is your role on your return. As such the employer has demoted you and therefore has breached the employment right act 1996 by not allowing you to return to your original position prior to your maternity leave. And secondly he has treated you unfavorably by demoting you to a position that is lower than the position you held prior to going on maternity leave. Assistant team leader position is not good enough, it is still a lower position to what you held.

You need to inform your employer you have advised that you have the legal right to return to the same position you had prior to taking maternity leave and failure to allow you to do so would be a breach of the employment rights act 1996, and he would also been deemed as treating you unfavorably by allowing the person that was standing in to cover your position whilst you were on maternity to stay in that position whilst putting you in a lower position (effectively demoting you for going on maternity leave) and would therefore also be in breach of the equality act 2010 which may amount to sexual discrimination under said act.

Let us know how you get on, and make it clear you wish to return to the same position you had prior to yourself going on maternity leave - Stand your ground. But do this in informal chat with the employer, if that doesn't work then we can progress to making it formal communication.

[labman]

Re: Maternity leave rights - help, please?!

Are you in a union?

[leclerc]

Re: Maternity leave rights - help, please?!

I disagree with Teaboy2 on the advice(potentially....see edit and will re read post ). Actually scrap that. I completely agree with Teaboy2(FFS!! Specsavers will need to pass on to me a refund )
You were advised incorrectly by your boss about that issue of secondment. Your job role was assistant manager and that is the role your are returning to. The only issue is possible asking the question that was asked ie you were advised 6 months and that you would return to a secondment role and that has not happened. There is nothing particularly wrong with what the employer has done.

Your job role is as assistant manager and you are not being demoted to a lower role. The secondment ended on maternity leave.

EDIT: a misread on the top. Your assistant manager role is absolute so the manager cannot demote you from that position regardless of what he thinks he can say. You must return to the role of ASSISTANT MANAGER and nothing lower than that since you have an absolute right to remain in that position.