Role change during maternity leave

Legal position:

Whether your employer can change your role during maternity leave depends on how significant the change is and when in your maternity leave it takes effect. Maternity leave in England and Wales is governed mainly by the Employment Rights Act 1996 and the Maternity and Parental Leave etc Regulations 1999, and employees on maternity leave have specific protections.

The key distinction is between ordinary maternity leave (the first 26 weeks) and additional maternity leave (weeks 27 to 52).

Return to the same job after ordinary maternity leave:

If you return to work during or at the end of ordinary maternity leave (the first 26 weeks), you are generally entitled to return to exactly the same job you held before, on the same terms and conditions, including the same role, seniority, pay and location. Your employer cannot lawfully impose a different or lesser role in these circumstances.

Return after additional maternity leave:

If you take additional maternity leave and return after the 26 week point, you are still entitled to return to the same job. However, if it is not reasonably practicable for the employer to let you return to the same job, they may offer you a suitable and appropriate alternative job on terms and conditions that are no less favourable. This is a genuine exception, but it is narrow. The employer must be able to show it was not reasonably practicable to return you to your old role, not merely that an alternative is more convenient for them. A reorganisation carried out simply because you are away, or to sideline you, would not normally satisfy this test.

Changes during the leave itself:

An employer generally cannot unilaterally change the fundamental terms of your contract, whether you are on maternity leave or not, unless your contract expressly allows it or you agree. Attempting to change your role, reduce your seniority or cut your pay without agreement can amount to a breach of contract and, if serious, a repudiatory breach entitling you to resign and claim constructive dismissal. During maternity leave your normal contractual terms continue (apart from remuneration, which is replaced by maternity pay), so contractual protections still apply.

Redundancy during maternity leave:

If the change is driven by a genuine redundancy situation, you have enhanced protection. If your role is redundant while you are on maternity leave, you are entitled to be offered any suitable alternative vacancy that exists, in priority to other employees, before your employment ends. As of 6 April 2024 this priority protection was extended so that it now runs from when you inform your employer of your pregnancy through to 18 months from the child’s date of birth (or expected week of childbirth if the exact date is not given), covering pregnancy, the leave period and a period after return. So a role change presented as redundancy while you are pregnant or on leave triggers strong obligations on the employer.

Discrimination angle:

Treating you unfavourably because you are on maternity leave, or because of pregnancy or maternity, is unlawful under the Equality Act 2010. Demoting you, sidelining you, downgrading your responsibilities, or reorganising you out of your role because you have been absent on maternity leave can amount to maternity or sex discrimination, and potentially victimisation if it follows you raising concerns. Unlike unfair dismissal, discrimination claims have no minimum service requirement and compensation is uncapped, including for injury to feelings.

Missing facts that affect the answer:

The advice can change depending on: whether you are still on ordinary or additional maternity leave; exactly what the proposed change is (title, duties, pay, seniority, location, reporting line); whether your contract contains a flexibility, mobility or variation clause; whether the employer says it is a genuine redundancy or reorganisation; whether other employees are affected in the same way; and whether the change is temporary cover or permanent.

Practical next steps:

1. Get the proposal in writing. Ask your employer to set out precisely what change they are proposing, when it takes effect, and the reason for it. Do not agree to anything verbally.
2. Check your contract and staff handbook for any clause allowing variation of duties or location, and for your enhanced maternity and redundancy policies.
3. Do not resign in haste. Resigning can be treated as accepting the change or can complicate a constructive dismissal claim if not handled correctly.
4. Make clear in writing that you have not agreed to any change and that you expect to return to your original role, referring to your right to return after maternity leave. If you object, say so promptly and keep the objection under continuing protest if the change is imposed.
5. Raise it informally first if possible, then through a formal written grievance if it is not resolved. Keep a clear paper trail and note dates.
6. Keep records of everything: emails, meeting notes, who said what and when, and any comparison with how non pregnant colleagues are treated.
7. Consider free, authoritative guidance from Acas (including their maternity and return to work guidance and their early conciliation service), Citizens Advice, and the specialist charity Pregnant Then Screwed or Maternity Action for pregnancy and maternity rights.
8. Be aware of time limits. A claim to the employment tribunal for discrimination, unfair dismissal or detriment must normally be started within three months less one day of the act complained of, and you must first notify Acas for early conciliation. These deadlines are strict, so act quickly if the matter escalates.

Bottom line:

You have a strong right to return to the same job, especially if you are within the first 26 weeks. Your employer generally cannot impose a materially different or lesser role without your agreement, a valid contractual basis, or a genuine reasonable practicability exception after additional maternity leave. If the change looks like a demotion, sidelining, or is linked to your being on maternity leave, it may well be unlawful as breach of contract and as maternity or sex discrimination. The most sensible first step is usually to get the proposal in writing, register your objection clearly, and try to resolve it through a grievance before considering tribunal action.

If you tell me how far into your maternity leave you are, what exactly is being proposed and why, and whether your contract has any variation clause, I can give you a more tailored view.