Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why can they no longer allow you to work from home?
So you have resigned?
ok ler me just my response together
ah that didn't make any sense, I'll try again - let me just get my response together, thanks
According to Reg. 18 of The Maternity and Parental Leave Regulations 1999, an employee who takes Additional Maternity Leave (i.e. between 6-12 months off) is entitled “to return to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.”
This means that there is no guarantee of a return to the job you performed before going on maternity leave. If the employer can show that it is not reasonably practicable to allow you to return to that job, they need to find you something that is both suitable and appropriate for you to do instead.
A common issue that arises is whether the reason for not being reasonably practicable to allow the employee to return to her old job is actually justifiable. The employer needs to show that there is a genuine reason which makes it no longer practicable to allow you to return to your old job, this is not just a formality.
There may be a clause allowing them to make changes to your location. As such clauses give the employer the unreserved to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above.
In terms of taking the matter further, the options available to challenge this depend on what has happened so far:
Each of the above claims will be made in the employment tribunal and you can seek compensation for loss of earnings and/or injury to feelings.
Finally, you can try and continue working at home by submitting a formal flexible working request. The employer has a duty to seriously consider it and can only reject it on a specified number of grounds.
It seems like the best way forward may be to try and negotiate a settlement agreement with them, where they pay you off to leave
you can approach the subject with them as they may be unwilling to start off the negotiations
I see, alwat
always best to get things in writing
then you have a paper trail to refer to
well that was covered above I think - such terms do not always give the full discretion for the employer to change what they will and the employee's circumstances will also be considered
Hi are you atill here?
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much