Maternity Rights

[Mrsmancmonkey]

Hi

 

I have just returned back from maternity leave and I took 9 months off.

 

Having recently returned to work I have come back to the same titled job but it has less responsibilitiy and Ive effectively been demoted. I also now only work a 4 day week. They have taken on the person who was was my temporary cover and they are now my boss and are doing part of my old job role along with some other parts of a new job role.

 

Are they allowed to do this? I have tried to find info on direct.gov websites and it states similar terms and conditions but doesnt really go on to explain much more. My pay is the same and so is my job title, however my job roles have been watered down (alot)

 

Any help will be much appreciated

[papasmurf1cx]

Hi.... Hope you are enjoying your new baby. Sounds to me like they are discriminating against you look up the SDA 1975 here's a link that gives some information http://www.thompsons.law.co.uk/ltext/l0840001.htm Note that you seem to be treated less favourably because of taking maternity leave.

 

Who is your employer? Private company / a PLC or a Government Department. Sounds like you should be gathering in all the evidence and seeing if you have legal protection insurance or such like ie through a union.

[Mrsmancmonkey]

Hi

Thanks for that info, Ive read that and it states about being demoted and so basically yes they have treated me less favourably.

 

I work for a private company and I am unsure whether to say anything now, I dont want to loose my job as they may make it difficult for me to continue there as I did love my old job.

 

Do you know whether the 3 months will be from my return to work day?

 

Thanks for your help

[papasmurf1cx]

Well I think you need to get qualified legal advice on this so you know EXACTLY what your position is. But from an unqualified stance I suspect that it is a continuing act as long as you are employed in the disputed role..

 

The question is what you want to do about it and whether by doing so you can stand the pressures of the fight for your rights. The trouble is I would guess is that if you make a fuss then you will erode the trust that you have with your employer and vice versa ie you could be talking yourself out of a job.

 

You may of course feel that the trouble may be worth it, what with the call of motherhood now on you. That is a judgement call, what is the level of financial loss? It always comes down to the money.

[Mrsmancmonkey]

I may just bring this up with my direct manager and see what he says, as I dont want to rock the boat but at the same time I am annoyed at what they have done.

 

Such a dilemma

 

Thank you for your advice

[Sunfl0wer]

Hello

 

If you requested the reduction from full time to part time (4 day-week), then there may be valid reasons for your employer changing the basic terms / responsibilities of your role. However, these should certainly have been discussed with you and not imposed upon you. If the employer imposed the 4 -day week, then, that's a completely different issue, and is a breach of contract.

 

Even is an employee is held on the same pay, but they have reduced responsibilities (loss of status), then this loss of status is very certainly grounds for constructive dismissal, or in your case, being linked and as a result of your maternity leave, direct sex discrimination.

 

Either way, you need to decide what you want out of this dispute, and indeed, whether you even wish to go down the dispute road. First point of action is to question rationale behind decisions the employer took in order for you to consider your position.

 

Good luck.