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Do I have right to continue part time after maternity leave?

10 replies

Stokey · 25/03/2013 10:27

Am about to restart work after dd2. After dd1, I went back 4 days a week and wanted to do th. same again. But they won't let me have my old job back. They have offered me an editors job, I was deputy ed before, with small pay rise, but say it must be full time. The new job isn't much better than my old job, higher role but a less important sector. No-one is doing my old job, but there is some political maneouvring going on that means they don't want to give it back to me. Any ideas of my rights?

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saycheeeeeese · 25/03/2013 10:47

They have to consider flexible working time, it's not a right however they have to give you clear reasons why they are rejecting your request. Put your request in writing to HR and quote flexible working policy (Google this) and say under flexible working you would like to request. ..etc.

HTH I'm running after a toddler atm sorry I cant elaborate :)

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flowery · 25/03/2013 10:50

You are entitled to your old job back if you are going back after less than 6 months off.

If you have taken more than 6 months off, you are entitled to your old job back unless there is a very good reason that wouldn't be possible.

If there is a very good reason and it's not possible for you to have your old job back, you are entitled to an equivalent job on the same terms and conditions (hours, pay, status, skills, location etc)

It's fine for them to offer you the new job. It sounds like it's technically a promotion, and it's fine that it's on more hours etc. But you can decline it and say actually no, I understand I am entitled to my own job back and would prefer to do that, thanks all the same.

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Happiestinwellybobs · 25/03/2013 10:50
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flowery · 25/03/2013 10:51

OP isn't requesting flexible working saycheeeeeese Confused

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flowery · 25/03/2013 10:52

At no point has the OP said she wants to change/reduce her hours, why the assumption that she needs to apply for flexible working?

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saycheeeeeese · 25/03/2013 10:56

That's true sorry I was going through unanswered and wanted to be helpful. ..obviously I wasnt Confused sorry OP....at least I got your thread bumped eh? :)

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saycheeeeeese · 25/03/2013 10:57

What flowery said

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Happiestinwellybobs · 25/03/2013 11:17

Sorry - wrong end of stick as usual for me

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saycheeeeeese · 25/03/2013 11:20

there there we can be silly sallys together :)

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Stokey · 25/03/2013 19:35

Thanks for all your help. I would have been off for a year when I go back. It's an employer that was small and has grown a lot bigger so not much HR. Just one girl who is subject to the whims of the MD. Think I just need to decide whether to fight their decision and get blackmark for future - illegal but the reality - or accept. Am trying to negotiate either working 1 day from home or doing 2 half days and 3 full, not ideal as will still spend 90 mins commuting, but at least will get some time with my children. Arrrrgh , work.

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