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Can work change my role if returning to work part time?

6 replies

HatMat · 31/05/2013 16:51

Hi,
I am due to return to work in a couple of weeks after 10 months maternity leave. I was working full time as a company director before i started mat leave but have decided to return on a part time basis. My boss has just informed me that they are happy for me to work less hours but they will take away my director status and reduce my pro rata wage. Can they do this? I thought i would be able to return as a director and still be on my original pro rata wage. Can anyone offer any adive on this please. I am panicking as i am going to be earning a lot less than i had anticipated!
Thanks!

OP posts:
meditrina · 31/05/2013 17:04

You have the right to return to your previous role and work pattern.

If you decide not to do that, then it's up to you to negotiate what your new role will be. You do not have any rights to a different post.

limon · 01/06/2013 11:06

Have you written a flexible working request?

AuntieStella · 01/06/2013 11:11

Yes, it needs to be a flexible working request which must be properly considered. What reason did they give for turning it down?

If they have business reasons to turn it down, then you either return to your former role/hours/pay/seniority, or resign, or take another role with whatever T&C that role normally has.

flowery · 01/06/2013 15:30

You don't just "decide" to return part time, you put in a flexible working request which must be properly considered and if refused, business reasons must be given.

If they have refused your request to do your existing role part time, but there is another role available, there's nothing wrong with them offering that to you.

But it's not clear that's what's happened here. You can't be treated less favourably as a part time worker, so if they are happy for you to do the same work but will cut your hourly rate and reduce your status because you are part time, that's not on. If the plan is for you to do the same work, then it would seem it is possible for you to do your existing job part time, meaning it would seem a refusal to let you go part time would be unreasonable.

Have you actually put in a proper request?

OddBoots · 01/06/2013 15:35

As I understand it there are two different things at play here:

  1. If you have had more than 26 weeks off then they can change your role but your T&Cs should stay the same even if the role changes.

  2. If you want to change your own T&Cs (for example by going part time) then they can negotiate that with you including a change of pay scale.

You have the right to return to a job equal to your old one but only if you do so full time. Once you are back you could then try to request flexible working.

HatMat · 10/06/2013 20:48

Thank you to all who replied - i realise now after reading these entries and doing more research that indeed my work are doing nothing wrong so there is nothing i can do about it. It does seem really unfair, like i am being penalised but hey ho!
Thanks again :0

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