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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47344
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi. I have a letter from my employer confirming I can return

Resolved Question:

Hi.
I have a letter from my employer confirming I can return to work on 1 March 2015 from maternity leave. I asked to work from a local office and to do 4 days a week. My employer offers a flexible working scheme subject to partner approval and I also asked to work from 8.30am to 5pm rather than my current contractual hours 9am to 5.30pm. This is because I live over an hour and a half away from the office and I need to be home by 7pm to pick my son up from nursery / child minder. My employer has said as a manager I need to be flexible about leaving times as I have to supervise staff that work to 5.30pm and beyond and provided I can confirm I will be flexible about my leave time then they will agree to me returning on 1 March 2015 for 4 days a week and will trial 8.30am to 5pm for 6 months. I cannot work past 5pm as train times means that I will not be home in time to pick my son up. Also, I am on basic statutory maternity pay 6 weeks at 90% then standard SMP and because I am being asked to work back at the head office rather than locally I may need to leave. Should I give notice now or wait until 12 weeks before 1 March 2015 which is the notice period I must give.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?

Customer:

Hi Ben

Customer:

My employer has emailed twice to ask me when I will reply and confirm I can be flexible about leaving at 5pm. I do not think I can so should I respond and say I cannot commit to working after 5pm due to child care commitments. There are 5 other managers in the office and other capable seniors that could assist with urgent matters between 5-5,30pm and I cannot see any reason why I would specifically be required to deal with a task that no other person could assist with. Also, if I am considering handing in my notice because they cannot offer me work at a local office closer to home should I tell them this now? I don't want to jeopardise my SMP between now and 1 March 2015 by saying I am considering not returning.....

Ben Jones :

If you cannot do the proposed hours then of course you should advise them of this and make it clear that this is not going to be possible. There is no point in avoiding the issue at this point and you need to tell them exactly how you stand so that they do not assume that it is still a possibility in the future. If you wanted to resign as a result then you do not have to tell them now - you can tell them as late as when you decide to hand in your notice. You could mention that it is likely to lead to you resigning in the future, hoping that it may prompt them to reconsider their position, but they cannot dismiss you if you had hinted at leaving later on, so whether you tell them now or later would not affect your rights to maternity pay because they cannot dismiss you or take any other aciton if you had indicated you may be leaving in the future

Customer:

Great.

Customer:

Thanks for your quick reply!

Ben Jones :

you are most welcome

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