Q And A
Fear of restructure on maternity leave: ask the expert
I am due to go on maternity leave soon and my employer has not replaced me with maternity cover. My workplace is going through a restructure and my manager has told me she does not think our department will be affected. She has also told me that I will have a job when I return from maternity leave. I am concerned that my role
will be distributed in the department and I may not have a job to go back to. Should I be worried?
Answer by Laura Livingstone
It is not really possible to say with any certainty as to whether or not you should be worried about your position being at risk. However the following points are in your favour :
1. Your manager has told you that she does not think that your department will be affected. Although, of course, this is not a categoric statement which could be relied upon, you could refer back to this should circumstances change and indicate that assurances were given that your position and that of the department's would not be affected.
2. Being on maternity leave, should you be put at risk you would need to be considered in priority for any positions available.
3. You do have the right to return to the same job unless it does not exist when you would need to be considered for a similar job. Otherwise you would be entitled to statutory redundancy pay if you have worked there over two years, and to notice. Whether you would have a claim for anything else would depend on circumstances.
Laura Livingstone is an employment lawyer for Davenport Lyons in London. Her practice focuses on contentious and non-contentious employment work, but she leans towards the non-contentious. She has advised a wide variety of corporate clients in all areas of employment.
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