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Can an employer ask you to change your role after ML as a condition of going p/t?

2 replies

xmascracking · 15/12/2008 20:24

A colleague of mine will shortly be going on ML - she intends to take a year.

She then wants to return p/t (4 days). She's worried that our boss (previous record of obstructing similar cases) will make life difficult.

In particular, she has an ambitious subordinate who will in all likelihood be 'acting up' whilst she's on ML.

Could the boss make her p/t request conditional on her swapping roles with her deputy?

I've told her that I think he has to consider her going p/t on its own merits, based on her job as it stands - he can say no, but he can't propose that she returns to a different position. Is this correct?

(He hasn't suggested anything of the kind, btw, but she thinks it's the sort of wheeze that just might occur to him over the next 12 months...)

OP posts:
flowerytaleofNewYork · 15/12/2008 20:27

He does have to consider her request on its own merits, yes, and has to give one or more of eight specified business reasons if he refuses.

However if he does refuse legitimately, there's nothing to stop him then proposing the different role on a 4 day a week basis as an option. She would not be under any pressure to take it.

If she only wants to reduce from 5 days to 4 it shouldn't be that difficult to come up with a really good case though. If in doubt she should offer a trial period.

xmascracking · 15/12/2008 21:16

Thanks, I'll pass that on!

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