Help! What are my rights?

[BluButterfly19]

I need a bit of guidance.

I am due to return to work in January, after taking my full year off. Before finishing I told my employer I would be going part time when I returned (was full time 40hours before I finished). I've put forward my request to go part time (2/3days a week), but have heard through the grapevine that they plan to demote me and also reduce my salary.

Are they allowed to do this? Do I have a leg to stand on at all? I have worked with the company for 11 years

I don't think you can say "you will be going part time" without your employers agreement.

Have you heard officially from the company that you will be demoted, or have they said the only position available that is part time is a lower grade?

You cannot tell the employer you are going part time. You can request it and they can agree or not. It might be that they will say you can't go part time in your current role, but you can have another one which is of a lower level and pay. You would then have the choice to take the lower part time role, continue in your current role at full time hours, or of course you could resign if neither of these work.

From what I remember, your return to work rights are largely dictated by the length of your mat leave. After a year off they need to offer you a role, but this could be at a lower level and rate of pay.

You're entitled to return to the same job after maternity leave if you've been away 26 weeks or less. Your pay and conditions must be the same as or better than if you hadn't gone on maternity leave. It's unfair dismissal and maternity discrimination if your employer says you can't return to the same job.

www.citizensadvice.org.uk/work/rights-at-work/parental-rights/maternity-leave-your-options-when-it-ends/

You’ve been on maternity leave for more 26 weeks
It’s unfair dismissal and maternity discrimination if your employer doesn’t let you return to work after maternity leave, or if they offer you a different job without a strong reason. They can’t offer you a different job if:
your job still exists - for example if they’ve given it to someone else
your job would still exist if you hadn’t gone on maternity leave
the new job isn’t something you could do
the new job has worse conditions or pay than yours did - for example if you used to work part-time, and the new job would be full-time only

Prior to finishing up, my employer asked what my intentions were when I returned from mat leave. That's what I mean by I told them I'd be returning part time. This was all discussed before I finished up.

I've not had any word officially yet. However they have organised a meeting with a senior member of staff for the day after my maternity leave finishes. I just want to be fully prepared going into the meeting .

So you haven't had agreement that you can go back part time.

Where have you heard that you are being demoted etc

You've got no confirmation about whether you can reduce your hours and you are not meeting your employer about this until AFTER your MAT leave ends?

Is this not very last minute and disorganised? Don't you need to know what your working hours will be in advance of your return to work so you can arrange childcare and make plans?

You need (ed) to submit a formal flexible working request to your employer in advance of your return as this means there is a process and timescales that your employer must adhere to and business reasons that your employer has to take into account when considering your request.

As others have said you need to submit a flexible working application
You should do this ASAP
You should look for a bit of guidance on this,look at ACAS website
The key is to show how it can work for the business

Just noticed the bit about you having a meeting after your mat leave ends
Will that not mean you have to go back full time ?

OP as things stand you are entitled to go back to your job or similar level job, on the same pay and hours. You have not submitted a flexible working application and your employer has not approved for you to go part time. If you want to work part time then you need to contact your employer ASAP as right now you still have a full time job at the end of your maternity leave. Employers have 3 months to consider a flexible working application so depending on the information you get from your employer prior to the end of your leave around whether they grant part time hours for when you come back, you will need to arrange childcare for your baby. Did they not explain to you that you need to submit a flexible working application? That is poor form of them.

I have submitted a flexible working form, at the end of November (unfortunately my dad passed away at the start of November which lead to the delay getting it to them). They only replied to me 31st December (after I contacted them as no response to my form). They have scheduled a meeting for the day after my maternity leave ends.

It is simply impossible for me to go back full time, now that my dad has passed away. I haven't used any of last year's holidays so I guess those could come into play to help the situation.

You don’t get to say you are returning part time, you can make the request formally but they can certainly say no.

If there is another role that can be done part time they may offer that but it doesn’t have to be the same grade or pay. The only obligation they have is for you to return on the same hours and salary and a similar role if the original is not available.

I'm so sorry to hear about your sad

It's good that you have submitted a flexible working request. They do have three months to accept or decline so looking at using your holidays to work part time is a good idea. As PP said, as long as they are making a job of the same grade and pay available, at full time hours, they have fulfilled their obligation. They may choose to offer you a lower grade and pay role to accommodate your request for part time hours, and it would be up to you to accept or decline. If you decline, you will need to continue working full time hours or resign from your job.

If they decline your request, I hope they give you a good reason why!

How are you going to handle your first week back? Roll into the meeting and hope they agree to part-time so that you don't have to work e.g. Thursday & Friday that week? Or turn up, attend the meeting to discuss your flexi request, and take A/Leave to the equivalent of part-time - if you can - whilst they are making a decision on your request?

This all seems very last minute. I'd have thought it worth discussing on KIT days

It’s been said a few times but they can still disagree to offering you part time work.

I didn't manage to do any KIT days as I've been struggling since my dad died - looking after LO and trying to sort out my dad's estate & everything with the lawyers that thinking about going back to work definitely was on the back burner.

If I'm honest, my manager let me believe there wouldn't be a problem going part time and that the form was just a formality. I discussed what hours etc he needed me back & that formed the basis of my flexible working application.

I'll just need to request the holidays and hope that my MIL can help with childcare. Otherwise I'll have to resign

OP part time jobs are difficult to find. If they do offer you a part time job at a lower rate, might it be worth taking it rather than resign? Assuming they don't agree to your flexible working request.