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No Hours Available Returning from Maternity

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Any help appreciated.


My partner worked part time at ASDA whilst looking after our 1st child. We decided to have a second child (and last) and so she has been on maternity leave and is due to go back in May.


She has just gone in today and enquired about her going back and they have told her that they have no hours available for her as they have given the hours she was contracted to work to somebody else! and that they have no other hours available for her so they couldn't have her back.


Now, we are living to the edge and my partner needed to get those hours again so we could be as we are now (to cover what she is currently getting from maternity allowance). ANy drop in salary would be bad news, especially in this climate as you could probably imagine.


Where as I know it is frowned upon what they have said, is it actually illegal and what options are open to my partner?




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Hi Jamie


Nice to see the values of W**lmart spreading across the atlantic.... clearly unacceptable behaviour.


The MPL Regs make it clear that an employee:


a) Who is returning from OML (the first 6 months) has a right to RTW in the same job she was employed before the mat leave on T & C's not less favourable


b) Who is returning from AML (the second 6 months) to the same job OR if it is not reasonably practicable for that to happen to a job which is both suitable for her and appropriate for her to do in the circumstances.


Thus if indeed refused she may well have a sex discrim claim. Even if she were previously on a 'zero-hours' contract I cannot believe that a large supermarket cannot find hours.


Ask them to put the refusal in writing and then come back.



...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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