Return to work after maternity leave - change in roster

Hi. I am returning to work after 12months of maternity leave. I am an optician

Whilst I was off my maternity cover has been given a 4 day contract at my job. She previously was a mobile worker before and only worked 2 days at my store.
I also am contracted to work 4 days.

Her contract is better than mine as it states that she does not have to work weekends. The no working weekend has been in her contract for 5 years whilst working for the company. I work in a store. 7 day week.

There is also a trainee who need to work 3days.

Whilst she was covering my maternity leave , she worked Monday Tuesday Thursday and Friday. Nothing is going to change for her.

I used to work Monday Tuesday Thursday Friday, and then an alternate Saturday. So Thursday off.

Now I have to work every Sunday as there are not enough clinics for me during the week….. as she works 4 days. My contract does not state the weekend clause.

I feel if I was not on maternity leave, she would not have obtained a 4 day contract at my store.

Now the only one who has to compromise is me. Nothing changes for her which I feel is unfair. Is this maternity discrimination?

Simi456 said:

Hi. I am returning to work after 12months of maternity leave. I am an optician

Whilst I was off my maternity cover has been given a 4 day contract at my job. She previously was a mobile worker before and only worked 2 days at my store.
I also am contracted to work 4 days.

Her contract is better than mine as it states that she does not have to work weekends. The no working weekend has been in her contract for 5 years whilst working for the company. I work in a store. 7 day week.

There is also a trainee who need to work 3days.

Whilst she was covering my maternity leave , she worked Monday Tuesday Thursday and Friday. Nothing is going to change for her.

I used to work Monday Tuesday Thursday Friday, and then an alternate Saturday. So Thursday off.

Now I have to work every Sunday as there are not enough clinics for me during the week….. as she works 4 days. My contract does not state the weekend clause.

I feel if I was not on maternity leave, she would not have obtained a 4 day contract at my store.

Now the only one who has to compromise is me. Nothing changes for her which I feel is unfair. Is this maternity discrimination?

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On return from maternity leave, you’re entitled to return on the same terms and conditions, including workplace, as pertained before you left. That’s a rock solid entitlement and any deviation from this is a breach of the employment equality legislation.

The working arrangements of your replacement are largely of secondary importance unless they serve to illustrate that you have been treated less favourably.

I think the best you can ask for is the same shift arrangement you had prior to going on Mat Leave. So no Sundays but Saturdays. If they insist you work Sundays then you are not returning to the same job and you should point this out very strongly.

Ignore your colleagues t&c unless there are other work place practices like giving staff with the longest tenure the weekday only shifts if they become available.

And ask your colleague how she managed to get a weekday only shift pattern into her contract and you may be able to do the same.

I thought if you have additional maternity leave , the company have to give you the same hours legally but they can choose what days are available for me to work

Citizens advice say “your employer must provide suitable alternative work on terms that are not ‘less favourable’ than in your previous job.” From what you say working Sunday is something you have never done and weekdays are considered more favourable than weekends, with Saturday more favourable than Sunday.

If your letter of employment says you can be deployed to any shift Mon-Sun you may be on shaky ground, but if you have never worked a Sunday for your company and your habitual shifts are as you said above then you have a very strong argument to make. The devil is in the detail of your contract, but you may be able to strongly argue your case based on your habitual work roster.

Also if it is habitual at your company that seniority gives people the options to pick up the weekday shifts rather than the weekend shifts you might be able to argue that as the optician with the longest tenure you are being denied the option of weekday only shifts. This option was clearly open to staff with shorter tenure while you were on maternity leave and your company should have given you this option to change to a more favourable shift cycle while you were on maternity leave of held the option open for you to apply for on your return. By doing neither of these you have been treated less favourably by the company due to your maternity leave which is not acceptable.

Only you know the finer details and the habitual practices of your company. Just don’t base your arguments on what contract the other optician has. Companies are very sensitive to being accused of treating those on maternity leave less favourably so if you make a strong logical argument citing the legislation you may have success.

Thank you for your detailed replies