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Lisa Dormon
Member - 21 posts
I saw the article this morning about removing the differences between OML and AML. I have a question about the phrase "return to the job that they had prior to going on maternity leave".
We have a number of Client Service people, that are graded 1, 2 and 3. However these people are generally assigned to a particular client. So if someone who is an Client Service 2, that is assigned to the Client A team, returns, and we want them to work as Client Service 2 for client B, with a new line manager, is that OK? The work would be broadly similiar.
Also if an Client Acct Manager went on Maternity leave, can they insist on returning to the client they had when they left, or can they be assigned to a new client?
Many thanks
Lisa
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James Fairchild
Member - 235 posts
It would be nice if one of the solicitors could answer your query, but I believe it all turns on how you define the "same job".
I seem to think there is some old case law that would allow you to put a person in another "client service 2" role... but I'm not sure.
The wording of your contact, in particular perhaps whether you refer to them as "client service 2 for client A" or just "client service 2" may also be significant, together with how wide-reaching it is.
Do try and play devils advocate to identify possible detriments though.
Hopefully someone else can give a better response.
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Lisa Dormon
Member - 21 posts
Thank you James.
Our contract doesn't mention a particular client.
I would have thought as Teams/Managers and clients can change quite a lot over a year, especially in smaller service style companies, it would be extremely difficult to return to the exact same job. But you never know until it's challenged, quite how it will work out.
Thanks
Lisa
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Jayn Bond - Workplace Law Network
Online advisor - 83 posts
As you both suggest, it can be difficult to decide these matters until you have an actual case in front of you. Then it is likely to come down to detail. If you bear in mind that women on maternity leave should not suffer a detriment then this may help.
If by losing her previous clients, the employee loses out financially then she could argue that not letting her have her old clients back was causing a detriment. If however it is just 'the nature of the beast' and client service people often have to change clients for various reasons, and there is no financial detriment, then you can argue that this is the same job - just a different set of clients.
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