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Part time linked to change of role - is this allowed?

(6 Posts)
MummyBuggler Wed 03-Apr-13 07:40:14

I recently had a review at work and my CEO said that if I were to think about returning on a part time basis then he did not think transactional work would be appropriate and I would need to think about a marketing focused role.

This sounds like blackmail - if I return full time then my old job exists but if I wish to return part time then my position would change.

Are they allowed to do this?

Littlefish Wed 03-Apr-13 07:47:48

I presume you are on maternity leave? My understanding is that if you return to work after ordinary maternity leave, on the same terms as before you left, then you are entitled to return to the same job. If you return during additional maternity leave, or change your terms (ie. move to part time), then the company is under no obligation to keep your job the same. However, if you put in a formal request for part time or flexible working, then the company must reply stating a business reason why it would or would not work.

I must add that the above info has been gleaned (possibly wrongly) from reading Mumsnet threads, so it would be worth seeing who else comes along!

EdithWeston Wed 03-Apr-13 07:49:06

No, you have the right to return to your old (FT) role, and to request flexible working.

The business needs to give business reasons why a particular role (your old post) cannot be done PT. But if correct that it cannot, then you will need to resign. By offering you a different PT role, he is going beyond basic legal minimum.

So, you need to check the reasons why old role cannot be PT (and challenge if reasons flaky), but if it cannot, then decide if you want to take the change or resign.

TheDoctrineOfSnatch Wed 03-Apr-13 07:51:26

Little fish is right - a flexible working request can be made by either parent at any time up to a child's 16th birthday. It's separate to the return from maternity leave rules, though often they coincide.

Have you filled out the flexible working request form?

chanie44 Wed 03-Apr-13 09:19:27

I'm assuming you are on mat leave: you have the right to return to the same job/similar job, but on the same terms and conditions, which I assume Is full time.

If you are asking for flexible working, it is you asking to change your terms and conditions and your employer legally has to consider it. However your boss will have to justify why he believes it won't work and if it can't, then you can either return to your full time role, take the part time role or resign.

Why not talk more to your boss to find out why he doesn't think it can work and see if you can find ways to make it work.

flowery Wed 03-Apr-13 09:34:47

It's not blackmail, no!

I assume you are on maternity leave or going on maternity leave shortly?

You can request to return to your original job on part time hours, and will need to demonstrate how that will work. Your employer has to consider it but can refuse if they can give good business reasons why.

Your CEO should consider your request properly as and when, but it sounds like he is giving you a heads up that it probably wouldn't be agreed, but saying that a part time role would be considered with a different focus, which he doesn't have to do. Sounds like he would want to keep you and accommodate you on a part time basis if that's what you want, which is positive.

Put the request in based on your original job if that's what you want to do, and if it's refused and you feel the business reasons given can be challenged, do so. But offering part time for a different role could well be a reasonable compromise, particularly if there is no pay cut involved.

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