Application for part-time work turned down

[TuttiFrutti]

I'm currently on maternity leave and applied 2 weeks ago to go back 2 days a week (I was doing 4 days before). They have got someone covering my maternity leave doing 2 days at the moment on a temporary contract, so I said I could either replace her or we could work together doing 2 days each.

My boss came back after a week and said no. His reasons? "One person cannot get the job done in 2 days" (even though that's what's happening at the moment - quite successfully apparently as the requirements of the job have shrunk) and "A job share would be too expensive for us, not in terms of salary but benefits." But I don't really get any benefits, and what I do get (pension) could be just reduced pro rata.

What can I do? Can I claim constructive dismissal? Is this really a redundancy? They clearly want me gone and are using this as an excuse.

no personal experience but you might find something here

Hi, it's not redundancy (unless they've offered you a package). They have just said you can't got back part time. You can formally request it under the flexible working laws they can still reject but then you have a right to appeal (heard by somebody other than the person who heard you first request) if it's rejected at appeal you can not formally request again under this law for 1 year.

The onus is on the company to provide an arguement as to why you can't go part time and there is a specific criteria - they should provide this when you formally request under the flexible working (Act?) if that makes sense.

I'm sure someone can explain it better than me

This might help
dti stuff

From the site it appears you need to appeal within 14 days

No don't leave! get advice from specialist employment lawyer,Citizens advice bureau, equal opportunities commission on how to start a claim for sex discrimination and at the same time, appeal against their decision asking them for figures as to how much it would cost them compared to how much it costs a) to employ you on a four day basis and b0 to employ the maternity cover person on a two day basis. Also ask what they feel is not beeing done adequately by the maternity cover who works two days a week (this will be useful if they try and push you out and replace you with the maternity cover person - I suggest that you say that as they say the job could not be done in 2 days, what part isn't being done by your cover who only works two days?

Good luck.

Also speak to the maternity alliance their website is here .