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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My maternity pay is coming to an end but i am unable to return

Resolved Question:

My maternity pay is coming to an end but i am unable to return to work on my full 4 day contract,is my employer obliged to offer me less days as i really do not want to leave?
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.firstly can you tell me how long you have been employed there please.
Customer: replied 1 year ago.
I have worked there for three years
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible.
Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. There is no obligation on the employer to offer you an alternative working pattern and instead you would have to consider making a flexible working request. The right to make a flexible working request applies to any employee who has been employed by the employer for at least 26 weeks. Examples of the changes that can be applied for in a flexible working request include:· A change to working hours· Change to working location· Job-sharing When a formal request is made, an employer can only reject it on a limited number of grounds. These are:· Planned structural changes· The burden of additional costs· A detrimental impact on quality· The inability to recruit additional staff· A detrimental impact on performance· The inability to reorganise work among existing staff· A detrimental effect on ability to meet customer demand· Lack of work during the periods the employee proposes to work In addition, the employer has a duty to explain their rejection in writing. They must state why the specific business ground applies in the circumstances and include the key facts about their decision. These should be accurate and relevant to the reason used. However, when selecting the ground for refusal the test is a subjective one on the part of the employer. If the employer considers that one of the grounds applies, then the test is satisfied. The test does not create any requirement of reasonableness into the employer's judgment. It would appear that only if the employer's view is based on incorrect facts, could the decision actually be challenged. Therefore, if the employer has not relied on one of the set grounds to justify their refusal, or the facts they have used are incorrect or unreasonable, the decision can be appealed first before a formal grievance is raised. If that does not help, a claim can be made to an employment tribunal. The available grounds to challenge their decision are:· The employer failed to hold a meeting, notify their decision or offer a right of appeal· The reason for refusal was not for one of the allowed reasons· The rejection was based on incorrect facts The claim should be presented to the tribunal within 3 months of either the procedural breach or of the date on which the employee is notified of the appeal decision. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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