Grievance or just accept it?

[Katieve75]

Hello all,

I'd like a little feedback if possible about my situation. Sorry as it may end up being rather long winded!

I started working for my employer in 2007 in a full time position. During those years, I expanded my role, improved processes, developed new reporting tools etc etc. I ended up working for both my line manager and a director whilst being a mum to three teenage boys. I left on a work 'high' in July 2011 to have my DD. So all good.

During my maternity leave, the business was sold to another company.

Upon my return, I asked that my full time hours be reduced because of my DD. It was agreed that my maternity leave cover person would stay in my original role and I would do higher level work with the director and would also help implement a new system into the business (although my job description and title did not change). So I started on a Monday at 9am; my role changed at 11am as someone had handed in their notice and I was asked to temporarily take on that role. Other issues began to arise within the company and I was used to plug holes in the business because of my wide knowledge of the company's processes and my title was changed (but not formally in my contract). My initial involvement with the system implementation decreased abruptly once I started to fill these holes. In the meantime, my mat leave replacement handed in her notice and was replaced with a long standing employee. She then too announced her pregnancy and another mat leave person found (I'll call her Mat leave 2 for ease of understanding) to cover my original role.

I announced another pregnancy mid 2013. As various departments were wound down, I ended up with a role that consisted of me being the company's receptionist. I was very unhappy. I had voiced my concerns but my director assured me that it was temporary and I would return to a role with tasks to get my teeth into! Fantastic, I thought. Lets ride this out.

I am looking to returning to work only to find that this is not the case. My proposed role: Mat leave 2 is now in a managerial role and I will be my line manager (i was not told that this vacancy existed or given an opportunity to apply). I will also be spending half my time in another department of the business that's struggling (plugging gaps again!).

I am so, so upset. All that hard work, my career, putting up with crap roles and duties to end up worse off. Rang ACAS - apparently I'm out of time to complain about all the previous issues.

What do I do? Is this allowed? Where is my first starting point.

Any help would be much appreciated.

Katieve

[splendidpup]

I think you may have a problem with legally having a grievance. When you return from maternity leave, you have the right to return to the exact job you left. You changed roles the first time round so by the time you went on maternity leave you were a receptionist. You only have the right to return to that, nothing meatier. Sorry.

However, that doesn't mean that the firm's internal processes won't uphold a grievance and try to find you something better.

[Katieve75]

Thanks for the response.

I was wondering if any of the Mums on the forum were ever given any employment information by their midwives? I have an older son and his partner is pregnant. She was treated awfully by her employer and ended up handing in her notice (was called 'lazy' by one of the Managers, among other episodes of bad treatment).

I think this ought to be issued to all mothers as a matter of course!

[splendidpup]

I think that's out of the remit of midwives - employment law changes and they aren't qualified or experienced in this area. It would be too easy for wrong information to be provided.
ACAS has excellent up-to-date information and a helpline.

[maggiethemagpie]

When your director told you it was only temporary you being a receptionist, did you get this in writing? Was anything ever in writing.

In future please please please don't agree ANYTHING with management without getting it in writing.

They shouldn't have moved you to a lower role the first time round but if you accepted this at the time I'd say you'd have a job proving you didn't mean to do this without a paper trail. Especially if you went to the receptionist's job willingly at the time - even if nothing was agreed in writing it becomes an implied term. (ie the fact that you didn't object implies that you accepted it) So they can argue that they have not varied your contract due to maternity leave as it was already varied with your consent before you went off.

Sorry but I'm not sure you are in a strong position here.

[maggiethemagpie]

By the way there's a wonderful service called maternity action which advises on employment situations to women who are pregnant or on mat leave. I called them a few times when my employer tried to make me redundant whilst on mat leave (they didn't in the end as I threatened to take them to court, and they realised they'd lose). They are really good.

[Gen35]

What you can do now is document your belief with hr that you expected to return to a meatier role. Is there scope for a new role in the dept you are plugging a gap in? If there's a resource shortage there, there must be an opportunity there too - if it were me, I'd try and push for a new role in the other department. I'm not sure legally you can do much but you can have it documented and made clear with hr and all the managers involved both that you expected more and need a concrete undertaking that you're working towards a better position.

[beeswax2014]

I had a similar situation after returning from mat leave after 3rd child. I was consulting the ceo and senior mgt when I left. The company was outsourced and I was not consulted with. When I returned they gave me a junior admin role. As long as your terms and conditions are unchanged, they can do what they like.

In my experience, you have to swallow all that anger and pride and make the best of it or leave. I stayed to try and beat the system and paid heavily for it.

I am sorry you are going through this, it's horrible. X