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Full time or resign

5 replies

DdRiches84 · 01/12/2016 14:18

Hello, I've told work I am pregnant and due May 2017.
I have been told that my options are take maternity and come back full time (no adjustment to hours) or I work up to maternity and then resign.
Can they do this?
TIA

OP posts:
Babyroobs · 01/12/2016 15:15

I think everyone is entitled to put in a flexible working request asking for part time hours ( assuming that is what you want). I think they have to consider your request but whether they grant it depends upon the effects on the business etc .

Babyroobs · 01/12/2016 15:17

If you do decide to resigh, do not do this before your maternity leave as you will accrue holidays whilst you are on mat leave.

KP86 · 01/12/2016 15:18

You don't have to resign before your maternity leave either way. Don't let them pressure you to get out of paying maternity leave!

Although do be warned if you have an enhanced package and you don't return you may need to pay some back, whatever is above the statutory minimum.

WingDefence · 01/12/2016 15:19

It sounds illegal!

Yes you are definitely entitled to apply for flexible working and I don't think you have to until after you're on maternity leave either. www.gov.uk/flexible-working/overview

You need some proper legal advice. Has this come from your HR dept? Do you have a union?

GoldenBlue · 02/12/2016 21:29

Don't resign before maternity. You can hand in your notice at the end of the paid maternity if you want to. But you can make a flexible working request before your return from maternity. Allow 3 months before planned return date as it can take some time to work through. They must demonstrate reasonable consideration of the request, but if there are genuine business reasons that reduced hours won't be suitable then they are allowed to refuse the request.

But what ever happens you are 100% entitled to your maternity pay and if you are dismissed due to maternity then it would automatically be unfair dismissal.

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