Is my boss allowed to do this?

KittyKate

Any wrote: »

Pee is right - what is happening now might be only temporary changes, because they have to do something while you are off to be able to function!!!
And that might be his reply to you. Given that you are on leave you are getting very involved.. The job change has not happened yet, you are not out of your 6 mths yet so you don't know what they will do when you come back so I would think you have no case at this moment of time.

The contact is nice if that is what you want, but not a legal requirement as Googlewhacker says. A lot of people I know would see this as harrasment even!!

I was given a letter when I went on mat leave telling me my boss would phone me monthly - so I would hardly see this as harrasment - in our company if he doesn't call me monthly he can be reprimanded by his own boss (not that I'd complain, but a lot is changing that I hear about from my deputy and I would have preferred to hear it from my boss).

I am going to request a meeting with my boss though to get it all sorted.

SarEl wrote:

haven't been demoted - your line manager has changed. Reporting lines are not contractual, they are organisational, and length of service has no bearing on who you report to. Whilst having a meeting might be sensible, I would suggest that you play it low key - right now the employer hasn't done anything wrong and hasn't indicated that they intend to. So you haven't really got a lot of go in there to complain about.

I haven't been demoted in terms of pay but I am now down one reporting level which changes my career path and next steps. I agree that length of service has no bearing on who I report to, but after five years of working hard to get to my position, being re-aligned under a former peer, one which puts me back down to the start in terms of career progression, and having my job title changed from manager to co-ordinator, with no change to my job description, really doesn't sit right.

But thanks for your posts guys I really appreciate the advice - you know what it's like sitting at home with a baby, you stew a bit when something irks you!!! I will have a chat with the boss and tell him my concerns direct. (I am not the tribunal type haha I just want an easy, fair life!!)

Any

KittyKate wrote: »

I was given a letter when I went on mat leave telling me my boss would phone me monthly - so I would hardly see this as harrasment - in our company if he doesn't call me monthly he can be reprimanded by his own boss (not that I'd complain, but a lot is changing that I hear about from my deputy and I would have preferred to hear it from my boss).

I am going to request a meeting with my boss though to get it all sorted.

I know what you are saying and I thought that it might be in your contract or letter and that is why I didn't post that at first, but anything above the actual law is not judged as harshly I don't think that is why I thought it is worth mention.

Again, I know what you are saying about the harrasment, I am just saying!! In past we contacted person off sick long term for her well being and if she needs anything and got immediately letter from doctors and lawyers not to contact her again as it adds to her illness!!!

But again - your own job has NOT changed yet!! Until you came back and they said "this is now your job" and it is different then when you left, what other people do is irrelevant!!

Uncertain

KittyKate wrote: »

Sadly my company doesn't have a union.

You could (can) join any union you choose. In a formal disciplinary or grievance meeting you have an absolute legal right to be accompanied by any properly accredited union rep you choose (providing they are willing to come of course)! The company cannot legally refuse this. You do not even have to be a member of that union. All that matters is that the person holds the necessary "qualification" and is willing to attend.

There was a case on here a year or so back when we advised a lady of this. It so happened that her Dad was a union rep in a completely different field. Neither he, she or the company knew of this right but their solicitors soon told them they couldn't prevent him from attending as her companion.

smileylondongal

Hopefully you'll get that formal meeting so you can clear these things up. As far as I knew, they couldn't change anything whilst you were off as you're entitled to the same job you left on OML.

Before you go, write down as many questions as you can so a) it can help you focus better in the meeting itself and b) ask all the questions you can to make an informed decision about next steps (which you don't have to tell them).

At this stage, all you really know is what's happening to the current incumbent of your role but it would be good for them spell it out to you. I suggest inviting HR to the meeting as tbh they may not even realise this is going on!

Lastly, if after the meeting you feel they've messed with the role so far that it's gone beyond your expectations then seek legal advice before returning. Do what the law says and no more - don't feel pressured into giving them a return date before you need to or are ready, etc

x

SarEl

KittyKate wrote: »

I haven't been demoted in terms of pay but I am now down one reporting level which changes my career path and next steps. I agree that length of service has no bearing on who I report to, but after five years of working hard to get to my position, being re-aligned under a former peer, one which puts me back down to the start in terms of career progression, and having my job title changed from manager to co-ordinator, with no change to my job description, really doesn't sit right.

Yes I get that - but not sittying right and being wrong are two different things, and what I am saying is that they have not in law demoted you. There is nothing to say that they cannot make changes at all whilst you are away on maternity leave - if the law said that then employers would hardly ever be able to manage to fit changes in! But you do not know what is happening or why, so asking first would be the best approach. You are assuming things not in evidence, and even if they become part of the evidence, there is nothing yet to say the employer is doing wrong.

Sambucus_Nigra

You are very well protected in law. I'd sit tight and let them move the deckchairs whilst you aren't there and see what happens when you go back as you are entitled to go back to the same level role.

SarEl

Sambucus_Nigra wrote: »

You are very well protected in law. I'd sit tight and let them move the deckchairs whilst you aren't there and see what happens when you go back as you are entitled to go back to the same level role.

Sorry, but no. They OP is entitled to go back on the same terms and conditions - the "level", that is, where it sits in a reporting structure, is not part of the legal protection. That is the point that I have been trying to make. A reporting structure is organisational - it has nothing to do with pay, conditions, or legal rights. The employer can arrange their organisational structure as they wish. A persons "career path" it not a protected attribute of the job.

Sambucus_Nigra

SarEl wrote: »

Sorry, but no. They OP is entitled to go back on the same terms and conditions - the "level", that is, where it sits in a reporting structure, is not part of the legal protection. That is the point that I have been trying to make. A reporting structure is organisational - it has nothing to do with pay, conditions, or legal rights. The employer can arrange their organisational structure as they wish. A persons "career path" it not a protected attribute of the job.

Sorry - I meant pay level....

SarEl

Ah right! Yes, but I don't think that is the OP's issue as that seems not to have been changed.

Sambucus_Nigra

Exactly - I heartily agree to sit tight!