Restructuring whilst on maternity leave

I'm currently on maternity leave and my organisation are going through a large restructure. I'm due back from maternity leave in April 12 and the restructure is due to be completed by Jan 12. My current role will cease to exist and I've been ringfenced into an area within the new structure. I am due to competitively apply for a new role (at the same level and a role which is similar to my current role) in July.

I've looked at Regulation 10 of the The Maternity and Parental Leave etc. Regulations 1999 which states that where there is a suitable available vacancy, the employee is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with paragraph (3) (and takes effect immediately on the ending of her employment under the previous contract).
(3) The new contract of employment must be such that—
(a)the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and.
(b)its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.

Does this therefore mean that if the new role is similar to my existing role then I shouldn't have to competitively compete for the new role and should be offered it as a matter of course?

I'm very worried about being disadvantaged in the application/interview process as I have been out of work on maternity leave since mid March and have a new born baby, therefore attending an interview and competing against candidates who are submersed in the work environment and are party to the developments of the restructuring on a daily basis would be, I feel, an unfair process.

Any advice would be greatly received.

Yes, it does. And after that it gets messy. It says you are entitled to be offered it - it doesn't actually say that you can't be interviewed for it, and employers generally come up with 2 arguments (neither of which work in law - but you want to be prepared). (a) It isn't fair on anyone else - to which the appropriate answer is "tough" and (b) people will say you only got the job because you are on maternity leave - which is true (so you want to think about that! Relationships with co-workers etc). A possible (c) answer, which may be legally valid, is that it isn't "alternative employment" but a different role.

I would suggest that you write - write, not speak to - the employer quoting reg 10 and putting your argument that the role is yours under the law.

One slight caution - it won't work if there are more woen on materbity leave competing for the same post! Then a slecetion process between you has to be conducted.