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Original poster

Going Back to same / chnaged job what are my rights?

9 replies

camera · 08/01/2007 12:28

Am on maternity leave but due to go back in May, my boss who was great has since left and we have new woman with no kids in charge who deont know me and my capabilities and i think she wants me out . New boss has just rung to arrange for me to come in and see her as my job has changed while i have been off.
and she wants to discuss my new role so i can decide whether i want to go back,
i thought they couldnt change my role but i know there are cutbacks and they want me gone.
I need tyo go back but i know she is going to make my life difficult with flexibility etc so am dreading going bacK, anyone with advice? i dont want to arrange a meeting but its just delaying and thern i'll dread it more

OP posts:
rookiemum · 08/01/2007 13:01

I would arrange a meeting as soon as possible the more notice you have then the more you can do about it.

Find out if it is to be formal or informal, even if she isn't planning to have anyone from HR there, you may wish to bring someone along.Are you in a union, or does your company have one ? If they do then make sure you join it now. If you are already in one I would ring them up to see if one of the reps can accompany you to the meeting. If they won't then do you know anyone in the company who could go with you ?

A friend of mine was in the same position, they changed her job and said it couldn't be done part time, she took it through all the formal stages but wasn't successful. If you plan to go back full time you may have a stronger case. However I am sure a more legally minded person than me will be able to give you the ins an outs of it.

Sorry I can't be more positive, and hope it all works out for you.

taylormama · 08/01/2007 13:17

you have a legal right to return to the same job or equivalent after ordinary maternity leave (ie 6 months). Equal means in terms of status and pay ... speak to the Equal Opps Commission ASAP and good luck

Frizbe · 08/01/2007 13:18

Well if your not due back until May they certainly can't make you make a decision until now anyway! you only have to and only need to give a months notice no matter what you decide so stuff them on trying to force your corner......
Legally they have to give you your old job back or a very similar position on the same hours, or they should be stuffed. Arrange the meeting and go and see them, it may well be that they are sympathetic to your needs and the boss in question just wants to make contact with you and get to know you a bit, rather than have you arrive back to a load of changes in 6 mths time. If it helps I used to be a boss, and whilst I was on maternity leave my fantastic management colleagues neglected to tell me one of my best staff members was killed whilst I was away so how bad did I feel about not turning up to his funeral needless to say I decied myself not to go back to that company.

fizzbuzz · 08/01/2007 13:36

Also re flexibility. I think this is a right under law. You can ask for flexible working, and they have to come up with a pretty good reason for you not to have it. If you take them to a tribunal about it, I believe nearly all tribunals uphold the right for flexible working.

Also, agree with others, I thought they could not change your job IN ANY WAY, if you returned back before 6 months. There is a really good govt website about this from DTI. I will go and look for it and let you know.

rookiemum · 08/01/2007 13:38

Sorry my post was really only of any use if you intend not to come back f/t, didn't mean to mislead in any way.

fizzbuzz · 08/01/2007 13:45

This is where all info is, especially about return to work to "same job as if you had not been absent" (page 69).

Really sorry cannot do links, but here is website address.
www.dti.gov.uk/files/file18061.pdf

There is also some stuff about redundancy and maternity. You are really protected by watertight laws all round. The whole booklet is only available online, but read it from cover to cover, you should be covered under everything with watertight protection

Original poster
camera · 08/01/2007 15:24

okay have made the appointment no use delaying will see what they have to say , the job i used to do has gone due to restructures so well see.

OP posts:
Whizzz · 08/01/2007 15:35

I think if everywhere at work is restructring, then they can change your job whilst you are away - just like they could if you were still there

fizzbuzz · 08/01/2007 16:32

Yes, I think they can as well, BUT would it have changed if you weren't on maternity leave, if not it is sex discrimination, I think. Anway it's all in that thing I posted in minute detail, so it should be a help of some sort.

Also contact ACAS-they know EVERYTHING about stuff like this.

Workplaces can be right can't they?

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