!!! what are my rights !!!

[GREEN G 10]

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 !!

[astronaut77 10]

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!

[muckynees 10]

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

[Zebra 10]

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.

[burny 10]

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

[lady linz 10]

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

[Clairy 10]

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

[S8 Blade 10]

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

[cgksheff 44]

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.

[Clairy 10]

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.

[pink fairy 10]

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

[critter 10]

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