Does anyone know where i stand on this??

[Princess_Puddles]

Ok i've posted this here as i wasnt sure where else to put it:

Ok just wondering if anyone knows where I stand here, any advice will be appreciated,
I worked weekends before maternity leave and as I’m due to return to work in March me & OH have been talking about what I’m going to do about going back, I cannot afford not to so I spoke to my boss and he told me he has no spaces for weekend work now and I could do 11-3pm Mon-Fri instead but me & OH cannot afford a whole days childcare if I’m only going to work 4 hours a day.
I know your boss isn’t allowed to give away your job but I’d be doing the same job during the week but it’s in my contract that I work weekends, I really don’t know where I stand, I can’t afford not to work but there wont be any point in me working on the hours he’s suggested. Sorry if this doesn’t make any sense.

Thanks in advance

Mica

 

[littlebump]

Hi hun

I'm no expert so can only give my opinion I'm afraid. But I really don't see how they can do that especially if you've only taken ordinary maternity leave (as opposed to additional maternity leave). As you say your contract states weekend working, and they are trying to vary one of the most basic and fundamental terms of your contract - working hours. Doesn't sound right. As I say I'm no expert - I think you need professional advice or advice of someone who has been through it themselves.



LBxx

 

[Urchin]

Taken from here:
http://www.hrmagazine.co.uk/news/index. ... 36337d42c3

Do I have to let employees return to the same job at the end of their maternity leave?

An employee who intends to return to work during, or at the end of, her ordinary maternity leave will have the right to return to the same job that she left. She will have the same seniority, pension rights (if any) and similar rights as she would have benefited from if she had not been absent.

If she is returning during, or at the end of, her additional maternity leave she will have the right to return to the same job she left before her absence, or, if that is not reasonably practical for her employer (for example, because of redundancy or a restructuring), she is entitled to another job which is both suitable and appropriate for her in the circumstances. Again, the employee will have the right to return from additional maternity on terms and conditions no less favourable than those that would have applied if she hadn't been away.

I've only got four employees: do I have to keep an individual's job open until they return?

The old legislation provided that small employers (that is, those companies with fewer than five members of staff) had a specific legal exemption, which meant that they were not liable for an automatic unfair dismissal claim if it was not reasonably practical for them to permit a women to return to work at the end of her maternity leave. Be warned: this exemption will no longer apply. Employees will have the right to return to the same or similar job regardless of the size of their employer's organisation. If an employee is prevented from doing so, her dismissal will automatically be found to be unfair.

Looks like you have the right to go back to your job no matter what.

 

[Urchin]

Also found this

What happens when I go back?
When you go back to work after OML, you have the right to return to exactly the same job.

When you go back to work after AML, you also have the right to return to exactly the same job. But, if your employer can show that it is not reasonably practicable for you to return to the same job, for example, because the job no longer exists, you have the right to be offered a suitable alternative job on very similar terms and conditions.

 

[Kas]

Are a member of a union? When i returned to work after mat leave (extended), the company had to work around the hours that i needed, due to my change of circumstances. I was expected to work late back day and sleepover shifts (39) hours a week, and dropped to (16), both my shifts are now monday to friday, 9 til 5. On my return to work interview they said, i had to do the hours they specified but it was a load of rubbish, i contacted my union rep they made one call, and my manager was on the fone grovelling, offering hours to suit my family life. I think all women have this entitlement when they have a young baby, not alot of people know about it. Try and contract the citizeans advice bureau. Hope you get it sorted out soon XkelX

 

[Beany]

Hiya hun

Unfortunately this seems to be a common topic on here - I did a search as I can recall giving a website address to someone before and found this addy:

http://www.acas.org.uk/index.aspx?articleid=1154

They cover all sorts of stuff to do with rights at work etc so hopfully it will be of help to you hun
XXX