Being told that you are no longer fit to work in your current role can feel unsettling, particularly when it raises questions about your job security, income, and future prospects. It is entirely reasonable to want clarity on what your employer is required to offer you, and whether a temporary role such as maternity cover is sufficient when your contract is full time.
Understanding how UK employment law approaches alternative roles can help you assess whether what is being proposed is appropriate.
Understanding the issue or context
This situation often arises where an employer believes an employee can no longer carry out their existing duties due to health, capability, or workplace risk issues. Rather than ending employment immediately, employers are expected to consider whether suitable alternative work is available.
Confusion usually arises when the alternative role offered does not appear to match the employee’s existing contractual terms, such as offering a temporary maternity cover role instead of a permanent full-time position.
The legal rules or framework
Under UK employment law, where an employee is considered unfit for their current role, the employer should explore reasonable alternatives before considering dismissal.
Key points include:
- Any alternative role should be suitable, taking into account skills, experience, pay, hours, and status
- The employer should, where possible, look for a role that broadly aligns with your existing contract
- A full-time employee is generally entitled to be considered for full-time alternative roles if they are available
- A maternity cover role can be suitable in some circumstances, but it is usually temporary by nature
Offering maternity cover does not automatically breach the law. However, if it is the only role offered, it is important to understand what happens at the end of that cover period. Employers should not use temporary roles to avoid addressing longer-term employment obligations.
Practical steps to take
If you are being offered maternity cover as an alternative role, the following steps can help protect your position:
- Ask why this role has been identified
Clarify whether other full-time or permanent roles were considered. - Check how the role compares to your contract
Look at pay, hours, status, and job security. - Confirm what happens when the maternity cover ends
This should be clear and ideally set out in writing. - Request written confirmation of terms
Any change should be documented, including your right to return to a comparable role if applicable. - Consider whether adjustments could keep you in your current role
Reasonable adjustments may still be relevant, depending on the circumstances. - Seek fixed-fee legal clarity
A solicitor can assess whether the role offered is genuinely suitable and lawful.
Common pitfalls to avoid
Employees in this position sometimes encounter problems by:
- Accepting a temporary role without clarifying long-term implications
- Assuming maternity cover is automatically unsuitable
- Not asking whether permanent alternatives exist
- Agreeing to changes verbally without written confirmation
Clear communication at this stage can prevent disputes later.
Frequently Asked Questions
Does my employer have to offer me an alternative role?
They should explore suitable alternatives before considering dismissal, where possible.
Is maternity cover a suitable alternative role?
It can be, but it is usually temporary and should be assessed against your contractual terms.
Should the alternative role be full time if my contract is full time?
If suitable full-time roles are available, they should usually be considered.
What happens when maternity cover ends?
This should be made clear in advance, including whether you return to your original role or a comparable position.
Can I refuse an unsuitable alternative role?
Possibly, but refusal can carry risks. Legal guidance is recommended before deciding.
Should I get advice before agreeing to changes?
Yes. Early advice can help you understand your rights and avoid unintended consequences.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.