Advice Needed! Job Changed While On Maternity Leave

sadiecs

Hi,
I'm currently on Maternity Leave. My Employer has changed my job while i've been off. There is another role for me when I return, which is partly my old job with a mix of 2/3 other roles. The change was made due to global restructering of the company and also, they made a number of other staff redundant last year with me being the only one left in this department. They are now asking me to take on duties that are of a junior level to what I left. I've put the question to my Line Manager who is now asking HR, I've expressed my dissatisfaction verbally to my line manager about this role. He has advised me it will come down to a Legal decision. I need to know what I should be doing? should I get Legal Advice? I am a member of a Trade Union, who have advised me I would probably have to take on the new role!! I need some advice about what the best course of action is for me?
Should I send in a Solicitor's letter or is that too strong an action at the moment. There could be the possiblity of being made redundant which at this stage I would take, but they want me to come back and take on this role and too be honest I would see this as about 10 steps back. Sorry if I've rambled on a bit!
Thanks in advance for any advice
S

penexpers

Sounds like these changes would have happened regardless if you were on maternity leave or not. Check your contract, it probably says you can be reassigned to any role, in which case there's really not much you can do.

Borzoi

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/leave-and-holidays/maternity_leave/?searchterm=maternity

The Maternity Protection Act, 1994 states that if it is not reasonably practicable for your employer to allow you to return to your job, then they must provide you with suitable alternative work. This new position should not be on terms substantially less favourable than those of your previous job.

I'd have more word with my trade union, regarding the lesser level of the new post

penexpers

Borzoi wrote:

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/leave-and-holidays/maternity_leave/?searchterm=maternity



I'd have more word with my trade union, regarding the lesser level of the new post

But if the company was undergoing "global restructuring" then it's quite possible these changes would have happened regardless of wheter the OP was on maternity leave or not. In this case, the above doesn't apply.

Newaglish

I think the bit of legislation refers to an actual change in jobs, not just duties.

What does it say in your work contract as regards duties of the job and the possibility of them being changed?

smartypants

most global companies (well at leasts the ones ive worked for) put some clause in the contract sounding something like...

" you will be required to be flexible and undertake such work other as may be assigned to you from time to time and which the company considers to be reasonably consistent with your position" ...or some variation.

either way this is now common in most contracts as there is constant restructuring taking place in business these days. Nobody should think they own a position or that the work they do is indespensible.

sadiecs

Hi there,
Sorry for not replying earlier!
My contract is basic I suppose, but clearly states my job title, salary etc terms holidays time off etc etc, it has a job spec attached, which has changed over the course of the last four years since I signed the contract. No where does it state I have to take on other roles or be flexible etc. I have been in contact with Line Manager who advises that HR has seeked advice from Legal and I have no Legal rights to say get made Redundant. The job is a mix of four peoples jobs, 3 of those people have been made redundant last year - leaving me!!!!!! to do it all..... I have spoken with Union again and they've been more helpful and we are arranging a meeting to discuss further with HR.
Any further thoughts/help anyone?
Thanks

dame

Will you be getting the same money? If it was going to be less I'd kick up a huge stink about how you're now expected to be taking on more duties for less/equal money. On the other hand, if the other three people were made redundant,maybe you should be grateful you still have a job?

sadiecs

Yes I'd be on the same money, and from previous experiences, they wont give any extra money!!! they'll just expect 210% work.. I'll be the proverably 'headless chicken'! I just cant take this lying down, I've been with this company a very long time and they just cant treat me like this!