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Maternity rights...

3 replies

Klouise12 · 17/09/2020 10:08

I work in retail and wi hopefully be having a full year off. In my contract it says you can be moved stores with in reasonable travel distance. Which is around 30minutes travels time. My travels time to work currently 10minutes. I've requested verbally for me to return to the same store after my maternity. My question is after my maternity if they turn round to me and say actually we want you to go to this store now..what are my rights? Considering my current store is conveniently located for drs/family childcare links ?

OP posts:
BritneyS · 17/09/2020 10:12

I’d say if it’s in your contract that they can move you then they’d be within their rights to... I can’t see maternity offering any protection from that unfortunately

RubaiyatOfAnyone · 17/09/2020 10:23

Generally speaking, if you return to work after Ordinary Maternity Leave (6 months) you have the right to return to the job that you left.

If you return during/after Additional Maternity Leave (the final 6 months) they only have to find you an “equivalent” role, to reflect the fact that this is a long time for a business to keep a vacancy open for and it may not be practical for them to do so.

However, in your case your contract already says you may be moved stores, so this is arguably not affected by the OML/AML distinction. Unless it says “subject to your agreement” or similar, it appears this movement is simply at their discretion.

All you can do is contact them (is it a big chain with an HR? Or just your store’s manager and/or the board?) and make them aware of your situation and why it is important to you to stay at this store. Start the conversation of how/where your 10 “Keeping in Touch” (KIT) days will take place during your mat leave. Unless they are massive dicks, or there is unavoidable reorganisation for everyone as a result of Covid, there’s no real reason for them to move you, but i’m afraid you don’t have a “right” not to be moved as it is the contract that you signed. Good luck.

RubaiyatOfAnyone · 17/09/2020 10:31

Meant to add - put things in writing (Email) so you can refer to them later, and show a clear trail of you making reasonable polite requests (and asking for their justification it they do move you) so that they can’t turn around In 12 months’ time and say they had no record of your requests. Not saying you would ever want to take it to Tribunal or raise a grievance, but it is always best to have a clear paper trail if this happens.

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