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Can anyone knowledgable help with a ging-back-to-work style question?

4 replies

Clary · 22/03/2006 21:44

A friend of mine is planning to go back to her job after about 9 mths of maternity leave.
I understood that you could have up to a year and they had to give you your job back.
She fears that her boss may be about to offer her a somewhat different job and is not sure she wants to do it.
Her old job is still basically there - ie the work still has to be done tho there is no maternity cover in place for her, just some freelance cover.
So can she go in, all guns blazing, and demand her old position?
I should add that she wants to cut from 3 days to 2. Also her boss is a bit scary so she wants to be sure of her ground....

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starlover · 22/03/2006 21:49

Returning to work after additional maternity leave

A woman who returns to work after additional maternity leave is entitled to have the same job and the same terms and conditions as if she had not been absent, unless:

* a redundancy situation has arisen during the absence period; or

* there is some other reason why it is not reasonably practicable for the employer to take her back in her original job

in which case she is generally entitled to be offered suitable alternative work. This does not apply where the employer has five or fewer employees at the point when the additional maternity leave period ends.

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starlover · 22/03/2006 21:50

Unfair dismissal

A woman who is not given her job back at the end of ordinary maternity leave is entitled to make a complaint of unfair dismissal to an employment tribunal. Employers and employees can get advice from Acas about this.

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starlover · 22/03/2006 21:51

so.. it is possible that if she wants to reduce her hours then her employer may feel that it is not reasonably practicable for her to do that, in which case they could change her job

but she needs to go in and talk to them first and see what they say... be amenable and i'm sure she'll get a better response than going in all guns blazing

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Clary · 23/03/2006 20:53

Thanks starlover, I kind of thought that was the case, ie the change of hours request makes it OK for the boss to say "well, you can't fo your old job on two days not three..."
(that's not true IMHO but I guess he could argue it).
As you say, conciliation better than all guns blazing, certianly with this boss!

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