HELP - Returning to work advice needed urgently!!

[KitKins]

I would really appreciate some help and advice if anyone is able.

I am due to return to work on 3 Feb after yr off on maternity. It's a bit of a complitcated situation and will try to explain as best I can.

I went off on maternity with dd in April 06. I returned to work after a yr on 3 full days per wk under a flexible working contract. Within weeks of returning I found out I was pregnant again. Went off with dd in Dec 07. I am now due to return to work at start of Feb.

I contacted work in Nov to start the discussion ball rolling to be told by my line manager that he was too busy at the moment and he and Hr thought it would be best if i got back to them at start of Jan. In the mean time I made arrangements (for my previous hrs) with my previous childminder in order to secure both my children the same childcare!!!

I contacted work and arranged a meeting for early Jan, at which my manager told me that the hours I had worked before were only on trial and in his opinion the trial hadn't worked therefore he wanted me back full time. I said that I didn't think I could manage that. He said he would talk to HR and see if there were any pt jobs available. Apparently, there aren't! It's ft or nothing, so I arranged another meeting for Friday to clarify the situation (ie are there no pt jobs or just not at my level as I would be willing to take a pay and responsibility cut!). My manager emailed to agree to the meeting and slipped into the email that he would be expecting a final answer from me on Friday, so I have now put my foot down and got him to agree to see me today. Where do I stand. HELP!!!! Advice???

Kitkins when you put in a flexible working request and it's agreed it is a permanent change to your contract. The only exception would be unless a trial period is specifically agreed to by both employee and employer, which I assume it was not.

If you have been on 3 days a week from April 2007, then those are your permanent hours. If you take maternity leave, once you return it must be on those same hours, and to the same (or suitable alternative) job, unless you make a further flexible working request.

If your manager wants to increase your hours he is not ending a fictitious 'trial period', he is trying to change your contract and you can refuse. See here about contract changes and here about what happens when you don't agree to a change.

You need to make a few points strongly. You might want to put them in a letter and take it with you. Copy HR as well.

1. That when returning from maternity leave a woman has the right to the same terms and conditions as were in place before her maternity leave. This must be in the same job unless it is not reasonably practicable to return to the same job, but the terms and conditions are the same.

1. That flexible working arrangements, once agreed, are permanent changes to terms and conditions. Any attempt by him to increase your hours is an attempt to change your terms and conditions and can only be done with your consent. You do not give your consent to such a change.

1. There was no mention of or agreement to any trial period with reference to your flexible working arrangement. Therefore he cannot decide nine months after the agreement was put in place that there was.

1. You will be returning to work as agreed on x date on your existing terms and conditions and would like confirmation as a matter of urgency to which job you will be returning.