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Background Info I work for a large retailer. I am currently…

Customer Question

Background Info: I work for a...

Background Info:
I work for a large retailer.
I am currently on maternity leave, due to return in august 2011 (having taken the additional maternity leave). This is my second baby.

When I returned after my first baby, I made a request for flexible working 3 days per week. This was given to me in form of a job share, arranged by the company. I was put into a Project Role until I went on maternity leave the second time in July 2010. Previously to this I was Head of Region HR Business Partner.

I am contracted to work 24 hours per week (not contracted as a job share partner)

My boss contacted me in December to propose a new role when I return- HR Business Partner for 3 stores which are relatively local to home. She has said that my pay will remain the same and my career progression will not change. She wants a joint response from me and my job share partner about whether we want to be put forward for it. My job share partner is keen as it is local and she has no further career aspirations.

My Concerns:
After taking christmas to think it over, I have told my boss I want to discuss it further as I beleive that the proposal is a demotion and a less favourable role to what I left as. I was previously a Head of Region HRBP and now she wants me to be a HRBP- how can my career progression possibly stay the same in these circumstances when the next progression from a HRBP is a Head of HRBP, a role I was already promoted into. Do you think this is right? What can I do about it?

Also, all she keeps saying is she needs a joint response from me and my partenr? Is this true in a legal sense? I do not want my job share partner to loose the opportunity but I am not happy with the principle of the situation and want it addressed. I feel under pressure to give a joint response before my own concerns have been addressed- or is it right that it can only be addressed together?????

My boss did send me some otehr jobs but 3 were other HRBP roles which I deem unacceptable and the other Head of HRBP jobs are not part of my mobility (before or after flexible working).

I do appreciate I ahve taken a year off and that my domestic situation may make some roles hareder to do but I am upset at the principle of what has been offered.

Submitted: 12 years ago.Category: UK Employment Law

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Answered in 36 minutes by:

12/29/2010

Solicitor: Ben Jones, Solicitor replied 12 years ago

Ben Jones, Solicitor

Category: UK Employment Law

Satisfied Customers: 81,665

Experience: Qualified Employment Solicitor

Verified

Hello

Thanks for your question. Please don't forget to press Accept once you get my answer. For now please let me know:

1. What would happen if you rejected the new job - would your old job still be available?

Customer reply replied 12 years ago

I am not clear at this stage- my boss has not given a direct answer to the question.

I do know the following:
My Boss is now pregnant and leaves in Feb/March 2011 for maternity leave (she will prob only take 4-6 months). She has told me that she needs to think about 'stability' in the teams she will be off as well, and taht it would be difficult for us to go back into the role as it has 'moved on a lot' and has hinted at the fact that regardless we (my job share partner and I) will not be going back to our old role. The person who is doing our relief is more senior (something i objected to before going on leave- I suspected she would remain and we would not be given the role back).

I do know if I say no to the role that my job share partner won't get the job on her own- so on another note I feel like I will let her down if I say no

On another note, if it helps
Head of HRBP Base Rate £19.23 (£40-£60k range)
HRBP Base Rate £16.83 (£35 to £53 range)
HR Project Manager £19.23 (£40 to £60k range)

Solicitor: Ben Jones, Solicitor replied 12 years ago

Do you think that your role would actually be made redundant? Also I presume the flexible working request resulted in a permanent change to your contract?

Customer reply replied 12 years ago

No the role would not be made redundant. The person who is doing the relief would remain in the role. It still exists.

My flexible working request resulted in a change from 40 hours to 24 hours per week but that is the only change. Whilst I was on maternity leave the first time the Company restructured and i was given a new contract then as Head of HRBP (I was previously called a Regional Head of HR but the terms all changed in the restructure). When I went into the project role, which was about 3 months after i returned to work following my first maternity leave), I was given a contract to say Project manager, 24 hours per week. So the change to my contract really extends to my hours of work as opposed to anything else.

Solicitor: Ben Jones, Solicitor replied 12 years ago

So your current role was just a temporary measure?

Customer reply replied 12 years ago

No not temporary. All my contracts have been permanent. The project role had changed before i went on maternity leave (owing to another business restructure)so I was looking after a different area but I wasn't given a new contract as nonw of my T&C's changed, just looking after a different area. It was still a permanent role, if that makes sense?

In HR we always have moved around a lot really (I often went through 3-5 line managers a year where managers or I moved on) but the job is a permanent one

Solicitor: Ben Jones, Solicitor replied 12 years ago

I am just about to leave the office but will reply on my return home in an hour or so - hope that's ok, thanks

Customer reply replied 12 years ago

I have sent my boss a mail to ask her what will happen if I say no to the proposal- I will let you know if I get a response. I am due to speak to her tomorrow.

Solicitor: Ben Jones, Solicitor replied 12 years ago

Thanks for your patience. I will explain the law that applies to your situation. According to Regulation 18 of the Maternity and Parental Leave etc. Regulations 1999 an employee who takes additional maternity leave (i.e. between 6-12 months leave) is entitled to return from leave to the job in which she was employed before her absence. If it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.

So as you can see, you should first of all expect to return to the job that you performed before you went on ML. Only if it is not reasonably practicable for you to return there should your employer look at offering you an alternative position that is suitable for you. Therefore, you should first ask your employer to explain why it is no longer reasonably practicable for you to return to your old job and then also justify how the new position is suitable for you, taking your career in consideration.

If no plausible explanations are provided, then you should expect to return to your old position. If you are not allowed to do that you may have a case for sex discrimination which you can take up in an employment tribunal within 3 months of the discriminatory behaviour occurring.

Before you do that it may be worth considering raising a grievance to try and resolve this internally but if that fails you always have the option of pursuing a tribunal claim.

I hope this helps. Please press the ACCEPT button. You would still be free to ask any follow up questions. Thank you

Customer reply replied 12 years ago

Hi Ben

Thanks for your answer. Unfortunately, the response doesn't really tell me much more than I already know from working in HR and isn't very detailed.

My primary concern is whether I am legally obliged to give a joint response from me and my job share or whether I can talk to my boss individually- what are my job share obligations if any? My other concern is whether the proposed role is reasonable given that I believe it is a demotion.

I beleive my boss/the Company will argue that it is not reasonably practical for me to return to old role on basis that she is going on maternity leave and therefore if my relief also leaves it leaves the role unstable.

Solicitor: Ben Jones, Solicitor replied 12 years ago

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