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Can they stop me going back??

3 replies

troublesmummy · 25/10/2005 17:04

I am due to go back to work in January, and have told them this. My 6 months runs out at the beginning of December and i was going to take a little extra un-paid time off, and use holiday to get me to January.

I have now decided that i would like to go back straigh after my paid maternity leave finishes. I have e-mailed my boss about this, and she says, December will be quiet so she doesn't want too many people in, and that she needs to talk to the MD about it and to leave it with her.

So, my question is (eventually), can they actually stop me going back earlier? As far as i was aware, you can go back whenever you want to, as long as you give a months notice...??

Any help much appreciated

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troublesmummy · 25/10/2005 18:03

bump

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JennyWren · 25/10/2005 18:29

My understanding is that if the default situation is to go back after one year (if you are entitled to AML, or 6 months if you are not), and if you want to go back before that you have to give 28 days notice. That's it - they can't stop you going back unless they are making you redundant. If you were going back after AML and it wasn't practical for you to go back to your original job, they can give you an equivalent one on the same pay and conditions, but if you are going back after OML it has to be your old job- unless you voluntarily accept something different. Did you ever tell them in writing that you would go back in January? Even if you did, I don't think it would make any difference, as long as you still gave a month's notice before your new return date.
DTI This is the DTI leaflet - it confirms the above - can you print it off and have it ready to take in, in case they start to argue?
Good luck - let us know how you get on.

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troublesmummy · 25/10/2005 20:05

Thanks! They are trying to push me into coming back later as it doesn't suit them, but if i notify them now, it is more than 28 days notice, so really, they can't do anything about it.

I tend to be a bit of a soft touch and get pushed into things with my work, and i know this is what they will do if i let them

Thanks again!!

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