Key rights regarding returning to work after maternity leave
In the UK, you are entitled to return to the same job after maternity leave, subject to certain conditions. This is protected by employment law, specifically the Employment Rights Act 1996 and the Equality Act 2010.
Return to the same job
- If you take ordinary maternity leave (up to 26 weeks), you are entitled to return to the same job on the same terms and conditions as before.
- If you take additional maternity leave (more than 26 weeks, up to 52 weeks), you also have the right to return to the same job, unless it is not reasonably practicable for your employer to do so. In such cases, they must offer you a suitable alternative role that is similar in terms of pay, status, and responsibility.
Terms and conditions
- While you are on maternity leave, your terms and conditions of employment (such as pay, holiday entitlement, and pension rights) are protected. This means that when you return, your employer must ensure that you have the same terms and conditions as before you left.
- However, if changes are made to your role or terms and conditions during your absence, your employer must ensure that the changes do not negatively impact your ability to return to the same or an equivalent role.
Exceptions
- If your employer can demonstrate that returning you to the same job is not practicable (for example, if the role no longer exists or the business has significantly changed), they must offer you an alternative role that is equivalent in terms of pay, duties, and status.
- If no suitable alternative job is available, or if you feel the new role offered is unsuitable, you may have the right to claim unfair dismissal or discrimination if the changes are seen as unfair or discriminatory.
Health and safety considerations
- If you have returned to work after maternity leave and find that the conditions of your job (e.g., physical demands or exposure to certain risks) are detrimental to your health or well-being, your employer may be required to make reasonable adjustments, such as adjusting your duties or offering alternative work.
Action steps if you face problems returning to work after maternity leave
- Discuss with Your Employer: If there are any issues with returning to your job (e.g., a change in your role or an unsuitable alternative), speak with your employer to understand the reasons and try to resolve the issue amicably.
- Seek Advice: If your employer does not offer you your same job or a suitable alternative, you can seek advice from ACAS or take legal advice for further guidance.
- Employment Tribunal: If you believe you have been discriminated against or unfairly treated when returning from maternity leave, you may have the right to bring a claim for unfair dismissal or discrimination in an Employment Tribunal.
In summary, UK law protects your right to return to the same job after maternity leave, and your employer must follow a fair process to ensure that you are reinstated or provided with a suitable alternative role if necessary
This article was brought to you by Kidd Rapinet’s employment solicitors. You can book an appointment with any of the employment lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.
These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.