We have an employee who is due to return to work from maternity leave. She will be returning to the same role, same duties, pay, etc. as before. The only one change that has occurred during her maternity leave is that of her work office. Prior to her maternity leave she had her own office. This office has now been assigned to one of her colleagues and we are planning on assigning her a different office, which she will be required to share with one/two other colleagues. Is there a risk that would be viewed as a change to less favourable terms and conditions of employment? There is a flexibility clause in her contract regarding work location.

The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 (the “Acts”) set out the protection available for employees during and after their pregnancy. Section 26 of the Acts provides that employees returning from maternity leave have a general right to return to the same job, with the same contract of employment, as they had immediately prior to their maternity leave.

Section 27 of the Acts provides that in circumstances where it is not reasonably practicable for the employee to return to her position under the same terms and conditions as she had prior to her maternity leave, the employer must provide the employee with suitable alternative work, the terms and