does anyone know if my employer can do this , i am due to return to work later this month has a receptionist at a well know hotel after having a year off due to having a baby , i went to discuss my new rota and they have told me has well has doing my normal job , i will also have to do the cleaining in the rooms where the guest stay , they said that everyone who works on the front desk does this also, what im trying to say is i was employed has a receptionist and not a cleaner !! :rant:

Hi Green,
The Advisory, Conciliation and Arbitration Service are a good independent site which explain your rights at work go to acas.co.uk for more info.
Good luck!

that sucks! i would look at your job description on your contract and if it says nowt about cleaning refuse to do it!!!

I'm going through a similar thing at the moment and in essence no they can't. Changing the nature of your job in your absence or expecting you to do a different job on your return is wrong. However, any natural changes which would have taken place if you had been there are acceptable.
So, some of the difference would be if you would have put up a fight about it if you had been there?
As far as I can make out, it is unlawful to change your job description in your absence.
Speak to ACAS - I did, it will help you understand the complexities of the case.
Also, the Law Centre could help you.
There are both advantages and disadvantages to telling your employer that you are consulting ACAS and The Law Centre, on one hand it may put the wind up them and they might back off. On the other they might just check their legal stance themselves.
Don't let them get away with it. I'm not.

Maybe try ivillage.com they have a job section and some legal professionals go on there are offer advice.

ive had the same thing done to me and if you was employed as a receptionist and its in your contarct then that is wot you do they need you to sign a new contract if they want to change your job

ive never known recepiton staff do the cleaning
hope this will help contact your union if you have one or an advice center in your area hope you sort it out

If they refuse to let you return without agreeing to the new contract, then you may have a case for constructive dismissal.

I'm sure maternity leave laws say they have to let you return to the exact same role or promotion

Talk to ACAS, 08457 47 47 47, but it may not be as straight forward as one may first think.
You have been on Additional Maternity Leave (as opposed to Ordinary ML) that means that you are not automatically guaranteed your old job back.

It may be possible for the employer to show that the old post of receptionist no longer exists and that all employees now function as receptionist/cleaners.

The employer is obliged to take you back into alternative work (with the same terms and conditions) but he is not obliged to re-open a position that no longer exists ....... if they can show that it is not reasonably practicable for them to do so.

I would like to think that you have a case, as the difference between cleaning and reception seems to me to be unreasonable, but ACAS is your first port of call.

I'm sure maternity leave laws say they have to let you return to the exact same role or promotion

This may have changed, as I was on maternity leave 3 years ago, but as I understood it at the time, they had to keep your job open for you rather than employing anyone else instead of you. However, if the job changed or was no longer available, they had to offer you any other position within the company, not necessarily promotion.

It depends what written in your contract. You need to read through this carefully as it may say something like your main role is recptionist but you may need to undertake other roles when required .

Talk to other recptionist or other people who work there see if there in same postion see what they feel if you all feel the same write a letter.

Are you in a union ?

You can also go to CAB

Hope this helps

That sounds rough; is that a penalty for having on maternity leave?! If you were employed as a receptionist I would have thought that cleaning wouldn't have been in your job description although a clause in teh contract might stipulate 'other duties as and when necessary' or something similar, I would have thought that any flexibility required of you would be in performing the same type of work

Sounds dodgy. I'd challenge them over this, you never had to do cleaning before did you?

try going to the CAB to find out

POINT:

What other statutory claims may pregnant employees and those on maternity leave bring against an employer who tries to dismiss or treat them less favourably as a result of exercising their rights?


Pregnant employees and those on maternity leave may pursue the following claims if dismissed or treated less favourably:

Automatically unfair dismissal: It is automatically unfair to dismiss an employee for a reason connected with her pregnancy or the fact that she has taken maternity leave - see Regulation 20 of the Maternity and Parental Leave Regulations 1999.
Protection from detriment: An employee must not be subjected to any other detriment because of her pregnancy or her intention to exercise her right to maternity leave - see Regulation 19 of the Maternity and Parental Leave Regulations 1999.
Sex discrimination - under the Sex Discrimination Act 1975

Basically, any substantial change to your terms and conditions/job description - regardless of the changes that have happened within the organisation or to any other receptionists, should have been done through consultation and they can't insist you go and clean rooms - i.e. they can't change your job description upon your return to work. If your original job is no longer available, then they can offer you other work but in this case - a hotel receptionist position no longer available?