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Can my secondment role be given to someone else while I am on maternity leave?
I accepted a 12-month secondment. The understanding is that my employers are hoping the role will become permanent, but currently the funding is just for 12 months so if it is not signed off as a permanent role I will return to my original job. However, the complication is that I have just found out I am pregnant and won’t be able to complete even the 12 months. I am aware my rights in terms of maternity leave and pay are all safe. However, I wonder where I would stand on the role being made permanent. i.e. if the role is made permanent whilst I am on maternity leave do they have to hold the role for me or can they offer it to whoever is covering my leave?
It is unlawful to treat you unfavourably because of pregnancy or maternity leave. Not making the secondment role permanent because you are on maternity leave would be unfavourable treatment and therefore unlawful.
However, if you take more than six months for maternity leave, your right to return to the same job is qualified. If it is “not reasonably practicable” for you to return to the same job (i.e. the seconded role if this is made permanent or indeed your substantive role if it is not), you can be offered a suitable alternative position. This does not mean that your employer can simply offer the permanent role to your maternity cover because you are on maternity leave, but if there was a general reorganisation whilst you were away, you could be lawfully offered another role.
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Comments [2]
masherie munoz says:
Hi There
in in a bit of a precarious situation possibly at risk of loosing my job!
I recently came off maternity leave for 12 months and immediately went into a secondment for 12 months.
Early on on my secondment my substantive post was given to the person covering my role. I have contacted HR half way into the secondment to ask what will happen when i return and they have been silent. I wasnt consulted or informed and now my current secondment ends in 6 weeks and I officially appear to not have a job to return to! Whats grounds do I have?
my HR policy states:
“Secondments are usually for a specified period of up to twelve months but
may be longer in exceptional circumstances. Usually, if a secondment lasts
more than 12 months then this could mean you risk your substantive role not
being available for you to return to, as we cannot usually hold substantive
roles open indefinitely after twelve months. However, we will discuss this with
you and manage this on a case by case basis”
i had asked about the position and aired my concern about the job not being permanent and was told i would return to my substantive post.
Help. what do I do?
Mandy Garner says:
Did your secondment begin from when you got back from maternity leave? In which case you would still be within the 12 months and should legally be entitled to return to your substantive post. You could put in a grievance to this effect and see what the response is in the first instance.