Job given to someone else within a month of maternity leave

After being on maternity for a month I was permanently replaced in my role. Two months later the company then had redundancies. I was told I wasn’t considered for redundancy due to my maternity leave, but as my role had been replaced I was being moved to a base further away with the extra travel being paid for out of my own pocket. The travel time and the extra expense is not suitable for me. Would this be classed as less favourable treatment?

Baby Crying

 

You are entitled to return to the job you have been doing prior to going off on maternity leave.  As this appears to have happened only three months into her maternity leave, it is clear that it was within a period of ordinary maternity leave.

If your post is redundant, you would need to be placed into any suitable available posts, but it seems to me that it is not the redundancy that has denied you the ability to return to your post, but the fact that your post has been given to another person during your maternity leave.

I am assuming that you are still on maternity leave and so you should raise a formal grievance about it.

Had you been dismissed, you would have a claim for automatically unfair dismissal in my view.

However, even though you have not been dismissed, the effect of the change appears. I am not sure of all the facts of the new position you have been placed in in order to ascertain if there has been detrimental treatment for the purposes of a discrimination claim connected to your maternity leave.



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