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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48474
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Whilst on maternity leave the employee contracted to work as

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Whilst on maternity leave the employee contracted to work as my cover was made permanent in my role. This was not made known to me. On return to my job my role was therefore shared between is both. No new role description was provided. Additional deliverables that had previously formed my bosses remit were expected of me. Again not officially communicated but I delivered regardless. At end of year performance review it transpired my manager had not loaded any objectives to be reviewed against. It was agreed i would summarise what inhale achieved in the 4 months in had been back at work for the year in question. Subsequently objectives have now appeared on my record since that agreement which look to be backdated to around the time I returned. They have not been discussed or agreed yet have been logged as not delivered and deemed off track
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

How long have you worked there for?

Customer: replied 3 months ago.
Was 3 years I'm April 17
Expert:  Ben Jones replied 3 months ago.

Thank you. First of all, in terms of the return to your job, 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 and appropriate for her to do in the circumstances.”

This means that there is no guarantee of a return to the job the employee performed before going on maternity leave. If the employer can show that it is not reasonably practicable to allow a return to that job, they need to find something that is both suitable and appropriate for the employee to do instead.

When it comes to the objectives, the employer should have identified these before scoring you on them, because in effect what they have done is retrospectively added these and then told you that you are off track when you did not even what you were supposed to be working towards.

In terms of what you can do, you can raise a grievance about this to the employer and let them deal with it formally, hopefully resolving this matter amicably. If that does not work, then you really have to consider how much further you want to take it. You cannot just claim for what has happened and have to consider resigning first, which can be risky. Instead, if they eventually dismiss you as a result, which I would hope wont happen, you can consider an unfair dismissal claim. But for now, use the grievance option as that would be your best bet.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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