Thread: Problem returning from maternity leave

How long did you work for them prior to going on maternity? Needless to say, this is digusting behaviour, and I believe it is illegal, but it may depend on how long you have been with them. Who specifically at your employer has told you this? Can you take the matter higher?

There is a good advice guide here Parental rights at work
covering maternity leave etc. Hope it helps.

Even worse IMO is that it is a public sector company who is doing this. Some things maybe to ask:

- Is there any possibility of making the position a jobshare?
- Is there any scope to moving positions to an available part time position in the same department/company?
- Is there any scope to working different shifts to the standard 9-5(I realise this is both a) unlikely as it is a council and b) inconvenient, but still worth asking - shows you are willing)

When I worked at Tesco, they would bend over backwards to do anything they could for a returning parent, and so maybe this is why it shocks me that others will not.

If he is telling you you must work full time or leave, you may well have grounds for unfair or contructive dismissal if you do subsequently leave. I would also be looking closely through your contract of employment for anything to do with this. Which council is it?

Re: Childcare availability

Try you local children's information service - info via ChildcareLink For National and Local Childcare information

Support to pay towards this cost via revenue and customs and childcare element of Working Tax Credit - do you qualify - - check here

If you don't qualify (like many others - needs reviewing) if your employer offers childcare vouchers you could save money this way.

Hello!

Employees (male or female) have the statutory right to make a request to adopt flexible working arrangements to care for child.

To be eligible for such a request, the employee must:

- have a child under six, or if the child is disabled, under 18
- have been continuously employed for at least 26 weeks prior to making the request
- be making the request to enable them to look after the child
- have responsibility or expect to have responsibility of the child
- be a biological parent, guardian, adopter or foster carer of the child
- be married to or be the partner of and/or live with the biological parent, guardian, adopter or foster carer of the child; and
- not have made the same application within the previous 12 months

Employees making an application to work flexibly must do so in writing, stating:

- that the application is being made under the statutory right to request a flexible working pattern; and
- that they have responsibility for the upbringing of the child and they are either the mother, father, adopter, guardian or foster parent, or is married to, or is the partner of, the child's mother, father, adopter, guardian or foster parent
- the flexible working pattern they are applying for and the date they would like it to become effective
- what effect, if any, they think the proposed change will have on the employer and how, in their opinion, any such effect may be dealt with; and
- whether a previous application has been made to the employer and, if so, when it was made.

The employer has a legal obligation to consider any request to work flexibly and within 28 days it must hold a meeting with the employee to discuss the application and any possible compromises. The employee may be accompanied at this meeting by a fellow worker, a full time trade union official or a lay union official who has been suitably trained. The employer must notify the employee of its decision within a further 14 days.

An employer may refuse the request only when there is a clear business reason. The business grounds for refusing an application must be from one of these:

- burden of additional costs
- detrimental effect on ability to meet customer demand
- inability to reorganise work among existing staff
- inability to recruit additional staff
- detrimental impact on quality
- detrimental impact on performance
- insufficiency of work during the work period proposed
- planned structural changes

An employee can appeal against a refusal within 14 days in writing. If this is made, the employer must hold an appeal meeting with 14 days of the appeal being lodged, i.e. received.

An employee can present a complaint to an employment tribunal on the grounds that the employer has:

- failed to comply with it's statutory duties in relation to the employee's application to work flexibly
- based it's decision to reject the application on incorrect facts

The employee must first exhaust the employer's appeal process, and make the complaint to the tribunal within 3 months of either the date on which the employee was notified of the appeal decision or the date on which the alleged breach of the employer's duty was committed.

Please note, the tribunal cannot order an employer to make flexible working arrangements, however the employee can still sue for indirect sex discrimination.

I hope this information helps!!

This is the problem (or advantage) with law. It would get complicated if there were (more) exemptions to every rule for small companies, medium companies, large companies etc.

Small laws are the same as big laws - they are there to provide protection for everyone, not just those who work for bigger companies. If there is a company of 5 people, they should still have the same rights as a company employing 5000 people...I think it's fair? (although maybe slightly OTT, the world is full of too much law, I agree!)

I have twin boys due on the 21st December and a 1 yr old girl. I could not afford the childcare for all three so will be a full time mum here at home, but to be honest, I would like to work part-time at least.

I don't work for an employer, but I do have to give up my wage to pay staff to cover our shop.

I know that in alot of companies, parents are entitled to 'flexi-hours' - and it's tough on the company!

Even fathers are entitled to flexible working hours.

It is disgusting how they are trying to treat you, and most unfair.

I hope you get this sorted - why should you be penalised for starting a family?

Originally Posted by twinpowers

Thanks MrShed & Pam.

I've been with my company - a local Council for over 3 years and have never had any issues regarding performance.

DISGUSTING! I work for a local authority and they have a "Work/Life Balance" policy. If no joy with your line manager, speak to someone high up in Human Resources, who have all the know how about policies and procedures when it comes to employment. I would guess that the least they can do is consider redeployment for you. Contact your Union rep (if you have one) and involve them in negotiations.
Let me know how you get on.