Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long have you been with your employer for?
Hi Jenny, Since Oct 2012
20th to be precise
How long had you worked the flexible arrangements and how much maternity leave have you taken?
I have worked the flexi since I started there. And I started my mat leave on 10th Jan 2014. Thanks.
You mentioned you are going back in a different role, what reason has the employer given for this?
They often do this after mat leave. I used to manage hair care and now they want me to manage a skin care brand. The reason is to allow me to develop towards promotion. Its the same level and although I have anew boss its under the same director and VP. Same title as before.
Hi ok the legal position is that you have the right to return to the same job on the same terms and conditions at the end of maternity leave, if you take additional maternity leave then you have the right to return to the same job unless it is not reasonably practicable for you to do so. This means that the employer cannot just switch your role to suit themselves, there has to be a good reason for it. The alternative job should be at the same salary and status and should involve the same working hours.
Even though your original hours were not expressed as being permanent through custom and practice you can say that they were permanent hours.
This, therefore amounts to a significant change in your terms and you can argue it is contrary to the Maternity Regs.
I would suggest you have a discussion about this with your manager and say that you would prefer not to raise a grievance but unless you are reassured you will have no atlernative.
Your employer cannot take action against you for trying to assert a statutory right.
Please do let me know if you want to know anything further about this. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Thank you. I am due to return on 13th Oct - if we can't reach a solution before then can I insist I return with the same hours for 3 months while we work for a solution. I can't afford not to go back but at the same time I don't want to go back if its unresolved.
I would imagine this will be resolved if you do raise a complaint in the terms I have suggested if it is not then you can ask your employer to do it for a 3 month period. I would also suggest you engage ACAS Early Concilliation to assist you in the event the greivance does not resolve matters. The details of this are at. http://www.acas.org.uk/earlyconciliation
Please do let me know if there is anything further I can help you with?
Thank you. I will see how my call at 12 goes. Thank you so much!
No problem, good luck with it. Please do remember to rate my answer and come back to me later if you need to.