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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52614
Experience:  Qualified Employment Solicitor
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I'm on maternity leave at the moment due to go back around

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Hi. I'm on maternity leave at the moment due to go back around the 31st of July. I'm a nanny, she rang me the other day to tell me that my job has change a lot. From starting earlier and finishing later, housework. She said that she doesn't need a nanny but a housekeeper and do i really want to come back to clean her house. She always said that i could take my baby with me, now i cant as there is a lot of housework. Is this legal or does she have to make me redundant? Thanks Adriana

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for her?

Customer: replied 6 months ago.
It be 4 years in october

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. According to Reg. 18 of The Maternity and Parental Leave Regulations 1999, an employee who takes Additional Maternity Leave (i.e. between 6-12 months off) is entitled “to return to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable and appropriate for her to do in the circumstances.”

This means that there is no guarantee of a return to the job the employee performed before going on maternity leave. If the employer can show that it is not reasonably practicable to allow a return to that job, they need to find something that is both suitable and appropriate for the employee to do instead.

If there is nothing suitable that you can do, then assuming your old role no longer exists, the employer should be making you redundant. As there is such a drastic change to your duties, you can argue that what you have been offered is not suitable and should be made redundant instead.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss your rights if they refuse to make you redundant. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer: replied 6 months ago.
Thats great thanks

Thank you. If they refuse to make you redundant and just expect you to take on the new role, you will have to eventually consider resigning and making a claim for constructive dismissal tom pursue them for the redundancy owed.

You need to make a claim within 3 months of leaving. Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Customer: replied 6 months ago.
Ok thank you for your help

you are welcome and all the best