Hi there. I am new here and need some advice. I am a solicitor but do not know very much about employment law.
I am due to return to work in two weeks time after a year's maternity leave. I am now using up the leave that I accrued over that period. Due to the circumstances of my child's birth he is still under the care of a paediatrician and a follow up has been arranged for later this year. We doubt there are any long-term issues but some developmental milestones can only be assessed at the 18 month mark. As a result of this I applied to worl part-time until such time as my child is discharged from care.I do ot think that my child's needds will be bset served in a nursery environment as any problems are unlikley to be picked up early enough. Needless to say my request has been turned down. I say this becuase my firm's attitude really changed towards me when I was pregnant. I was no longer included in decision making, despite being a salaried partner, and was treated as though I did not exist. I was also treated very rudely by certain staff memebers. They have replaced me as well and my desk is now being utilised by another fee-earner and my secretary is now doing para-legal work elsewhere in the firm.
Anyway I have appealed their decision and am due to meet up with the partners next week. The problem is what do I do about my return to work? I am on a three month notice period. According to my understanding, they will have another two weeks from the meeting to consider my appeal. That takes me into the time I am due to return to work. Will I have to return full-time until they decide? What if there is no desk/secretarioal cover for me if I do have to return? Would that be considered constructive dismissal as I have the right to expect to return to a similar situation I was in preior to maternity leave. Also if they come back saying that I cannot have part-time, do I resign and claim constructive dismissal and sex discrimination or wait for a tribunal to decide? I do not want to face a breach of contract suit.
Could anyone help? Thanks a mil!
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50 replies
jodan67 · 14/03/2007 19:26
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