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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48731
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am due a months paid sabbatical at work having been with

Customer Question

I am due a months paid sabbatical at work having been with my present employer for 5 years. I had a period of 9 months maternity leave within this 5 years – are they legally within their rights to push this back to account for 'inactive service'?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello does the policy cover this at all?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Can you advise please?
Expert:  Ben Jones replied 1 year ago.
Delaying the sabbatical because they class your maternity leave absence as inactive service is likely to be discriminatory on grounds of gender/maternity. You must not be treated detrimentally because you are on maternity leave so delaying the sabbatical as a result will most likely amount to discrimination. This is your basic legal position. I have more detailed advice for you in terms of the ways you can challenge this 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thank you for getting back so quickly. I'd love to know ways of challenging.
What is my legal standpoint about being forced to be 'on call' whilst away too?
Expert:  Ben Jones replied 1 year ago.
On call whilst on maternity?
Expert:  Ben Jones replied 1 year ago.
Or on sabbatical?
Customer: replied 1 year ago.
On sabbatical
Expert:  Ben Jones replied 1 year ago.
Again is there anything in the policy which deals with this?
Customer: replied 1 year ago.
No, there is no policy
Expert:  Ben Jones replied 1 year ago.
The sabbatical issue can be pursued initially through a formal grievance where you can remind them that what they are doing is discriminatory. If the grievance is rejected a claim for discrimination is possible in the employment tribunal. As for the on call issue a sabbatical is a career break. The employer is however not obliged to pay your for this time as it is time off work. If they do want to pay you the they can impose conditions such as that you participate with on call cover. Whilst they cant really expect you to continue working as normal they can make it a condition that if you are to be paid you have todo on call