Being forced to go back full time when I return to work after maternity leave

[helenbackk]

Hi all,

 

Just wondered whether anybody could provide me with any guidance. I am currently on mat leave and due to go back in work in Jan when my baby is 6 months old. I also have another young child. Prior to mat leave, I worked 32.5 hours a week from 07:30 to 14:30 so I could collect my son from school. I have applied to go back with these hours and also term time. My request for both have been refused and I am having to go through the grievance process and tribunal.

 

Have tried the work life balance and the fact that the law states that I should be able to return to work ubder my old terms and conditions but they will not budge.

 

This has made me so stressed that I am now on medication and my doctor has even written a letter to state that this is all affecting my mental health.

 

Has anybody been through this and able to help?

 

Cheers guys

[paulgmb]

Hi Helen,

 

Hi Helen,

if you worked these hours before your maternity leave, I don't understand why you have to apply to go back under the same hours?

Did they contact you whilst on maternity leave to advise you of a proposed change of hours?

Did you work term time only before your maternity leave?

Have any of your colleagues had their hours changed?

You can't be treated less favourably than others just because you're on maternity leave.

Sorry to fire so many questions at you Helen I'm just trying to understand the full picture.

Unless they have served you with a variation notice or given notice of a change to your contract of employment you should return to your job as per your contract of employment. If you have received a notice to change you must respond stating your refusal to accept.

If you are a memebr of a Trade Union you should contact them for advise and support.

I hope this is useful?

Best wishes,

Paul

[poppynurse]

I seem to recall that 'family friendly' hours such as part time and term time working are not a right but down to the employer's discretion. If after giving them consideration the employer feels that the request will compromise the needs of the business/service then they can be refused. What type and size of business do you work for?

[hanzo]

I seem to recall that 'family friendly' hours such as part time and term time working are not a right but down to the employer's discretion. If after giving them consideration the employer feels that the request will compromise the needs of the business/service then they can be refused. What type and size of business do you work for?

 

This is correct if she is asking for a variation in her hours for childcare reasons. If she is looking to be reinstated to her old job, then unless that job has been made redundant, then she indeed has a case against her employer. More here

[helenbackk]

Hi all,

 

Thanks for the advice. Work seem to have done a u turn and allowed my request although I have to work in a different work area.

 

Incidentally, I was requesting to go back to my old working hours and pattern. In addition to this I was asking for term time.

 

Anyway, it all seems to have sorted itself out now, and I am just so grateful for that it feels as though a weight has been taken off my shoulders.

 

Well must go now, baby crying!