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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46153
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am back from maternity leave and was always in sales

Resolved Question:

Hi, I am back from maternity leave and was always in sales with Basic and Commission payment. The position I had before I went on maternity leave doesn't exist anymore and the company provided me with another equal sales position. I received my so called sales plan last week and realised that my Basic is 6k lower but funny enough the Commission is roughly the same. My manager said that it is a different sales plan as before my maternity leave I was on an old plan (the company I worked for got acquired just before I left on maternity leave). Is this legally correct. Can they do that? Can they reduce my basic salary from 36k to 30k?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and how log were you off on maternity?
Customer: replied 1 year ago.

I started in May 2012 to work for the company who got acquired. I believe in July was the take over. Maternity leave started in Sept. 2013 for one year. So with the company in total for 3 years now.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
According to Reg. 18 of The Maternity and Parental Leave Regulations 1999, an employee who takes Additional Maternity Leave (i.e. between 6-12 months off) is entitled “to return to the job in which she was employed before her absence, or, 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.”
This means that there is no guarantee of a return to the job you performed before going on maternity leave. If the employer can show that it is not reasonably practicable to allow you to return to that job, they need to find you something that is both suitable and appropriate for you to do instead.
In this case they have offered you a similar job but with a decrease in pay of £6k. This could make the offer unsuitable and put the employer in breach of the above Regulations.
In terms of taking the matter further, the options available to challenge this depend on what has happened so far:
• If your employment has not terminated but you are unreasonably being denied the opportunity to return to your old job, that could amount to pregnancy and maternity discrimination and/or unlawful detriment
• If you have been given an alternative job which you find unsuitable, then you could resign and make a claim for constructive dismissal and/or sex discrimination.
Each of the above claims will be made in the employment tribunal and you can seek compensation for loss of earnings and/or injury to feelings. It is best to pursue this through an internal grievance first and only if that fails and there had been no resolution should the tribunal route be pursued.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46153
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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