Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

chris-hadrill-profileChris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“Am I entitled to return to the same job after I return from maternity leave?”

What your rights are upon your return from maternity leave depends upon whether you have only taken Ordinary Maternity Leave (“OML”) (the first 26 weeks’ leave) or whether you have taken Additional Maternity Leave (“AML”) (a period of 26 weeks’ leave which begins on the day after your period of OML ends).

If you have only taken OML (or have returned before the end of OML) then you are entitled to return to the same job in which you were employed prior to your maternity leave. Further, the terms and conditions under which you are employed must be the same as, or no less favourable than, the terms and conditions you would have returned to work under if you had not been absent. The only exception to this is if a redundancy situation arises whilst you are on maternity leave – however, if a redundancy situation does arise then your employer must take the usual steps to carry out a fair redundancy process (including, for example, creating a fair pool for redundancy, using fair selection criteria, applying these criteria fairly, consulting with you, and considering alternative employment for you).

If you have taken AML then you are, again, entitled to return to work in the same job and on the same terms and conditions as if you had not been absent from work. However, if you have taken a period of AML then your employer may be able to place you in a different job upon your return if there is some reason (other than redundancy) which renders it not reasonably practicable to allow you to return to the same job. In these circumstances:

  • You are entitled to return to a different job which is both suitable for you and appropriate in the circumstances; and
  • The terms and conditions must not be less favourable than they would have had you not been absent from your job

It is not the case that, should you have taken AML, you are automatically lose your right to return to your old job and are only entitled to return to a suitable alternative job – the onus is on your employer to show why it is not reasonably practicable for you to return to your previous job.

If you are returning from a period of OML and your employer states that they wish to transfer you to a new job then you may have claims for pregnancy and maternity discrimination, breach of the Maternity and Paternity Leave Regulations, and automatic unfair dismissal.

If you are returning from a period of AML and your employer states that they wish to transfer you to a new job then, if your employer cannot show that it was not reasonably practicable to allow you to return to your job, you may have (again) claims for pregnancy and maternity discrimination, breach of the Maternity and Paternity Leave Regulations, and automatic unfair dismissal.

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

164 Reviews

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 weeks ago

Anonymous

The legal advice was clear and helpful.

Posted 2 weeks ago

Davinder P

Good Service

Posted 2 weeks ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 weeks ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 weeks ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 weeks ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 weeks ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 3 weeks ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 3 weeks ago

Anonymous

Good and quick service

Posted 3 weeks ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 3 weeks ago

Anonymous

Excellent service - thankyou

Posted 3 weeks ago

Anonymous

Efficient, timely and friendly support and advice

Posted 3 weeks ago

Ahmed S

They are always on hand when you need them and provide support even when its not necessary.

Posted 3 weeks ago

Nemen S

Wonderful experience.Chris was very responsive and provided an excellent service. A real professional who I would recommend to anyone

Posted 3 weeks ago

Anonymous

Their guidance was clear and they provided me with all the information I required. Friendly yet professional

Posted 3 weeks ago

Anonymous

Chris @ Redmans assisted me with an employment issue. Firstly, he was very proactive in coming back to my initial enquiry and then helped to clearly lay out the options that I had in relation to my position. He then assisted with the preparation of my case, which led to a very satisfactory outcome. I would highly recommend the quality of service & professionalism offered by Redmans Solicitors.

Posted 4 weeks ago

Anonymous

Great service

Posted 4 weeks ago

Anonymous

Chris was very effective and decisive in dealing with my matter. I felt guided, and the pressure to make decisions was taken off my shoulders; he knew what needed to be done and I was happy to follow his advice. The result of the legal dispute was a great success for me. He is also kind and personable. The only thing that I would say it could be improved, is the accuracy of cost estimation at the beginning: not many activites, that could not have been forseen had to take place, but costs went up more than double in the end. Overall very good and trustworthy. I would definately recommend and use Redmans services again.

Posted 4 weeks ago

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 1 month ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 1 month ago