My role changed while I was on maternity leave: what should I compare?

The length of leave sets the starting point

Under the Acas guidance for Great Britain, the right to return to the same job after maternity leave depends on how much leave you have taken. If you took 26 weeks or less, you have the right to return to the same job. If you took more than 26 weeks, you still have that right unless the employer has a reason making return to that job not reasonably practicable. In that case, you must be offered a suitable alternative role that is appropriate and no worse than your previous job. This protection applies even if someone else covered your job well while you were away. The length of leave is therefore the first fact to check, because it determines which test applies to your return.

Record the before-and-after terms

To compare correctly, you need a clear record of your pre-leave role and the role offered on return. Note your job title, main duties, pay, benefits, holiday entitlement and pay, location, seniority, and reporting structure before you started maternity leave. Then ask the employer for the return proposal in the same terms, and request a written explanation of any difference. A change in title alone may not be a problem if duties and pay are the same, but a change in responsibility or pay is more significant. Also record your leave dates accurately, including any other leave you took, so you know whether your maternity leave was 26 weeks or less, or more than 26 weeks. Do not assume that all time away counts as one maternity period.

Ask about alternatives and arrangements

If the employer says the original job is not available, ask why and what alternative is proposed. Compare the actual duties, status, and conditions of the alternative with your old role, not just whether the employer calls it suitable. The alternative must not be worse than the previous job in terms of pay, benefits, holiday leave and pay, location, or seniority. If you are considering a different working pattern, such as flexible or part-time hours, keep that request separate from your return entitlement.

Keep redundancy and flexible-work issues separate

An actual redundancy proposal, an altered return role and a request for different hours are separate events. Ask which the employer is proposing and retain the relevant documents. If redundancy is involved, seek advice on the separate maternity-related protection and any available alternative vacancy; the return-to-work test alone does not decide that process. A request to work differently should not be confused with accepting inferior return terms.

A practical example of comparing roles

Suppose you worked as a team coordinator, earning a fixed salary, based in the Manchester office, reporting to a department head. You took 30 weeks of maternity leave. On return, the employer offers you a role with the same title but based in a different city, with no extra pay and a new reporting line to a junior manager. You also learn that your old team has been restructured. To compare, you would list the differences: location, reporting structure, and any change in duties. You would ask the employer to explain why returning to your old job is genuinely not possible, and whether the alternative is suitable and no less favourable. You might also ask whether the restructure amounts to a redundancy situation, which would trigger the separate protection. A useful question to ask is: "What specific business reasons prevent me from returning to my original role, and how does the proposed alternative meet the requirement of being no worse in pay, benefits, holiday, location, and seniority?"

If the differences remain disputed

If you cannot resolve the dispute with the employer, seek advice from a specialist, such as an employment solicitor or a Citizens Advice bureau. Bring a timeline of your leave dates, your original job description and terms, the written return offer, and any explanation the employer gave for the difference. Identify whether the issue is about your return rights, redundancy, discrimination, or a requested flexible working pattern; more than one issue may need review. Keep discussions factual and preserve lawful records. This guide cannot decide whether a specific alternative is suitable, nor can it guarantee the outcome of accepting or refusing it. A specialist can assess the facts and advise on your options.

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