Complicated maternity query

Springtime16

Hi,
I’m after some advice please. I’ve contacted ACAS but they’ve said it’s too complicated and to contact a solicitor… Unfortunately, I am not part of a union either. 

All the people involved had roles within the company and weren’t hired in. 

Person A was doing job X and then went on maternity leave.
Person B was their maternity cover and started doing job X. B then was accepted onto a training course and left to do this.
Person C then started doing job X as person A was still on maternity leave.
Person C then goes onto maternity leave and Person D starts doing job X.
Person A returns from maternity leave and is unable to do job X. They want significantly less hours than the role needs and it isn’t a job that can be shared. 

Person A now does job Y and Person D remains in the role of job X.
Person C is now returning from maternity leave (after over a year) and has demanded they return to job X. The company is giving the job to them as if they weren’t on maternity leave when Person A came back and couldn’t do the role, it would be theirs…
Is this correct? 

In this situation I am person D. I have recently wanted to go for a career progression opportunity but couldn’t as I’m not doing job X permanently. 

Thank you and sorry for the confusing circumstances 

Elliott.T123

I am by no means an employment lawyer but I would say that legally person C does not have to be given the role companies restructure all the time, people get moved. Unless she was given a contract to say that was her new role permanently there is no requirement however I suspect the company is worried that if they don't give her the role she would kick up a fuss and claim discrimination and so they have decided that the easier option is to give her the role and move you.

EnPointe

Generally the   requirement  is to return to a role of  equivalent grading / seniority  not necessarily to the exact job they had before mat leave  - 

however, if the structure has been stable in that  time  often peopel do go back to the 'same' job  and if the cover  wasa fixed term  contract or secondment that ends ... this may be where person C gets the impression they can go back to the role they were in 

Springtime16

EnPointe said:

Generally the   requirement  is to return to a role of  equivalent grading / seniority  not necessarily to the exact job they had before mat leave  - 

however, if the structure has been stable in that  time  often peopel do go back to the 'same' job  and if the cover  wasa fixed term  contract or secondment that ends ... this may be where person C gets the impression they can go back to the role they were in 

So the job is completely different to when Person C left. There’s more departments now under the role which weren’t before. There’s also been a change to the contracted hours. 

FlorayG

I think that's entirely down to what the company decides. Legally, persons C and D were both on temporary contracts. Company can decide to which of them they want to give the permanent contract

Marcon

FlorayG said:

I think that's entirely down to what the company decides. Legally, persons C and D were both on temporary contracts. Company can decide to which of them they want to give the permanent contract

Don't think so - look at the first post:

Springtime16 said:

All the people involved had roles within the company and weren’t hired in. 

Springtime16 said:

Person C is now returning from maternity leave (after over a year) and has demanded they return to job X. The company is giving the job to them as if they weren’t on maternity leave when Person A came back and couldn’t do the role, it would be theirs…
Is this correct? 

In this situation I am person D. I have recently wanted to go for a career progression opportunity but couldn’t as I’m not doing job X permanently. 

It doesn't matter whether it is 'correct' or not; that's what the company is going to do. You've not been on maternity leave, so it is far less risky for the company to accommodate Person C's demands than to bow to yours.

You've not said anything about the basis on which you started to do job X, other than the fact you aren't 'doing it permanently' so it's hard to see on what basis you have any grounds for complaint. What exactly are you objecting to, other than the understandable disappointment factor?

Springtime16

Marcon said:

FlorayG said:

I think that's entirely down to what the company decides. Legally, persons C and D were both on temporary contracts. Company can decide to which of them they want to give the permanent contract

Don't think so - look at the first post:

Springtime16 said:

All the people involved had roles within the company and weren’t hired in. 

Springtime16 said:

Person C is now returning from maternity leave (after over a year) and has demanded they return to job X. The company is giving the job to them as if they weren’t on maternity leave when Person A came back and couldn’t do the role, it would be theirs…
Is this correct? 

In this situation I am person D. I have recently wanted to go for a career progression opportunity but couldn’t as I’m not doing job X permanently. 

It doesn't matter whether it is 'correct' or not; that's what the company is going to do. You've not been on maternity leave, so it is far less risky for the company to accommodate Person C's demands than to bow to yours.

You've not said anything about the basis on which you started to do job X, other than the fact you aren't 'doing it permanently' so it's hard to see on what basis you have any grounds for complaint. What exactly are you objecting to, other than the understandable disappointment factor?

So the role I was in before wasn’t suitable following an occ health referral and a review on my disabilities, so I was asked to do the job. 

Marcon

Springtime16 said:

Marcon said:

FlorayG said:

I think that's entirely down to what the company decides. Legally, persons C and D were both on temporary contracts. Company can decide to which of them they want to give the permanent contract

Don't think so - look at the first post:

Springtime16 said:

All the people involved had roles within the company and weren’t hired in. 

Springtime16 said:

Person C is now returning from maternity leave (after over a year) and has demanded they return to job X. The company is giving the job to them as if they weren’t on maternity leave when Person A came back and couldn’t do the role, it would be theirs…
Is this correct? 

In this situation I am person D. I have recently wanted to go for a career progression opportunity but couldn’t as I’m not doing job X permanently. 

It doesn't matter whether it is 'correct' or not; that's what the company is going to do. You've not been on maternity leave, so it is far less risky for the company to accommodate Person C's demands than to bow to yours.

You've not said anything about the basis on which you started to do job X, other than the fact you aren't 'doing it permanently' so it's hard to see on what basis you have any grounds for complaint. What exactly are you objecting to, other than the understandable disappointment factor?

So the role I was in before wasn’t suitable following an occ health referral and a review on my disabilities, so I was asked to do the job. 

It's hard to answer helpfully when highly relevant information isn't included in the original post...i.e. potential disability discrimination, which I guess is where you're coming from?

On what basis were you asked to do job X - provide cover until Person C returned to work, or what?

It's not possible to answer with any accuracy given the minimal and rather vague facts in your posts (which I applaud - too many people merrily post far too much on a public forum for anyone and everyone to read), and without sight of the relevant documentation. I think an employment lawyer, properly briefed, is the only realistic way to get a clear answer.

Elliott.T123

I think ultimately it will come down to can the company offer everyone a job at the right level to the one they were doing prior to being moved into maternity covers.

For person C they have decided that the role they were doing as a maternity cover is a good permanent role.

For you, have they offered an alternative role that meets your heath requirements at the same level your contract states? If yes then it may be that you would have preferred the job person C is doing but the company have decided they would prefer you doing this other role.

Time2count

What role was C doing before they took on the mat cover? Is there any possibility of her returning to that position?