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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44920
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an employee currently on maternity leave (9 months

Customer Question

We have an employee currently on maternity leave (9 months in), she came to us and asked if when she returns after 12 months can she go part time 4 hrs per day, rather than 8hrs. After consideration we find that part time can not be managed due to the business running. If she does not agree to coming back on the same terms as she left i.e. 8 hours do we take that as her resignation and pay her her accrued holiday pay, but no severance.
If you require any further information to give us the legal situation please let us know.
Thank you in advance
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Do you have a specific question about this please?
Customer: replied 1 year ago.
Yes the question is if she dosnt want to return on the original 8 hour contract, do e take this as her resignation and only need to pay accrued holiday pay and nothing more?
Customer: replied 1 year ago.
8 hour per day, to clarify
Customer: replied 1 year ago.
Dear Ben
Will you be able to acknowledge my message to you?Kind regards
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. You have the right to reject the application for flexible working if you do not believe it is feasible, although there is a procedure you must follow and certain grounds on which you can reject.
Assuming you have followed the procedure and rejected her request, then it is up to her to decide whether to return to her original job or not at all. If she fails to return to work, then I would not automatically assume that she has resigned and you should contact her to clarify what her intentions are. Give her a chance to change her mind of necessary, but be clear that you give her a set time limit by which to come back to you with a decision, otherwise you would treat her actions as a resignation. If she does not respond or return to work after the time has passed, then issue her with confirmation of dismissal and only ay her the holidays she has accrued. There would be no notice period or severance payable.
This is your basic legal position. I have more detailed advice for you in terms of the procedure to follow to consider the flexible working request, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

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