Q And A
Am I being forced out? Ask the expert
I am currently on maternity leave and was recently called into my employers for an 'update' meeting with my HR Director. Whilst waiting in reception a colleague of mine advised me that a communication had been sent out across our business to advise that my maternity cover had been awarded my role permantently. I had not been told. Once in my meeting HR confirmed this was the case and advised that the new MD did not want any changes and that my replacement was up to date with the new strategy. They offered to find me an alternative role. I have been with the company for six years and in my current role for a year. Earlier during my maternity leave they switched off my phone and also told me in a meeting that my role could not be done part time. Can they force me into an alternative role?
Answer by Vanessa Wheeler
You have the right to return to your former role. A refusal to permit you to return is discriminatory and unfair dismissal. From what you say you are being treated unfavourably because of your maternity leave. This is unlawful sex discrimination.
Check if you have legal expense insurance - this may be attached to your home contents insurance policy if you do not have this you may be able to find a solicitor to agree to act on a 'no win no fee' basis.
Vanessa Wheeler is a solicitor at Setfords Solicitors. Please contact her for legal advice on business and commercial law, including franchise and contractual matters. She can also assist with employment matters.
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