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Am I entitled to my old job back when I return to work?

(5 Posts)
weeglenny Mon 04-Aug-08 08:00:43

I'm returning to work at the beginning of September after having a year off with my maternity leave. My old job has been filled and I've been offered a similar job but in a different team, which will mean some travel initially for training, meeting team members etc.

I'd much prefer to return to my old job as I know the people, work required etc but am I entitled to have it back? Or is it enough for my work to be offering a similar job?

TIA

LivingLaVidaLurker2 Mon 04-Aug-08 08:08:20

You're entitled to your old job back on the same terms and conditions as you had previously, unless there is a practicable reason why you cannot have it e.g. there has been a restructure and the job no longer exisits. In this case, you are entitled to a job with the same (or better) terms and conditions, pay and status.

This website is very useful

directgov

weeglenny Mon 04-Aug-08 08:20:25

Thanks for that link LLVL. The only thing I forgot to mention in my original post is that I'm returning to work part time 4 days a week so I'm not sure if that affects my rights to go back to my old job?

flowerybeanbag Mon 04-Aug-08 09:50:24

you are entitled to your old job if it's practicable to do so, if not, a suitable job on no less favourable terms and conditions.

However if you want to change your terms and conditions by changing your hours, you don't have the right to return to the same job necessarily. What you should always do is get absolute clarity about which job you are returning to, then put in a request to change the hours of it.

If you've made it clear you only want to go back part time, you have weakened your position about returning to the same job. Is there a problem with the job they are offering you? Or just that it's new and different people?

weeglenny Mon 04-Aug-08 14:32:15

Thanks Flowery, I had wondered if changing my hours would affect which job I would go back to. I had had to put the request in to change my hours before I went back as I had needed to get nursery days sorted out for DS, but I can see that I've weakened my position with regard to returning to my old job.

There is no big problem with the new job I've been offered, but they have said that I would need to travel at the beginning for training, which I don't want to do as DH works away during the week and I don't want to leave DS so early on when he's just getting used to being in nursery. And I think it's a case of 'better the devil you know', because it would be a lot easier to slot into my old job that start a new one blush

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