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Don't want to return to the same job but do want to return to the same company do I have any rights?

6 replies

sept08 · 20/06/2008 12:14

Help, I'm not due to return to work until September but already I'm starting to get quite stressed out about it. The job that I left is project related involves a hell of a lot or travelling and working hours to fit in with the business needs. This job does not fit in with a baby. My husband and I have discussed this and have said that I'm best to see if my employer has something else that I can do part time and office based. Do I have any rights? Am starting to think not. I don't really want to leave the company as it does come with huge benefits maternity pay being one of them. We want to be pregnant again by this time next year, if I move how long to I need to work for a new employer for to be entitled to maternity pay?

So many questionss and no answers surely someone must be in the same situation as me?

OP posts:
greenelizabeth · 20/06/2008 12:16

Absolutely. The company is obliged to offer you A job. Is it a big company? I think your chances are good if it is. Talk to human REE ZAW Cizz

sept08 · 20/06/2008 13:15

Yeah it is. Looks like I'm going to have to do what I've been dreading and give them a call. Am worried that if I start discussions I will get backed into a corner and have no choice but to hand my notice in!! HR here I come!!

OP posts:
93pjb · 20/06/2008 21:01

I think I'm in exactly the same boat.

My understanding of the legal position is that you have to be offered your old job back in virtually all circumstances and then you have to make a case for flexible working. You can find the relevant section of the employment legislation here.

The way I'm approaching it is to try to set out my skills and experience and suggest alternative ways that they can be used to support the business which is more compatible with family life. I've had an initial chat with my boss today which went okay but have a formal meeting with him on Wednesday where I think I need to have done all my homework.

Basically, I think the onus is on you to demonstrate how valuable you can be in a part-time role. Sounds great in theory - finding the time to get your brain in gear and work it out all with a small baby around is another matter

twinklytoes · 20/06/2008 21:58

if you're going back in sept then you need to start arranging meeting regards flexible working request etc - am sure you need to do this around 8 weeks before return.

how are internal posts advertised? have you received copies of jobs available whilst on mat leave? you can apply for these at anytime.

regards mat pay second time around. you'll be ok for stat pay if planning a preg for next year but you'll need to check your policy regards any enhanced pay - i have to go back for three months to get a second lot.

HappyMummyOfOne · 21/06/2008 10:32

You only have the legal right to request flexible working and not the automatic right for it to be granted. Your employer is under no obligation to offer you an alternative post if you choose not to return to your old job.

You can submit a formal application and take it from there. If they turn it down for business reasons, they may state there is a vacancy for a different role available if this is the case. They dont have to match the salary or terms though.

JackieNo · 21/06/2008 10:39

My understanding is that they are obliged to offer you a job at the same level as you old one, not necessarily the same job. Not that that's much help to you, sorry. I think flowerybeanbag is an HR person, so might be able to help on this.

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