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???

Are you in a union? Can anyone come with you?

If there were no concerns raised about the part time working before you went off, it does seem rather unfair. How long were you back before you went on maternity leave? Was there an agreed trial period when you returned part time?

ACAS is another source of advice.

Saw this a bit too late as you've probably had your meeting by now, but how did it go? It seems to me that unless it was made clear to you at the time that your p/t work was on a trial basis - and that this was in your contract somewhere - you should have a right to go back on the same basis, because of the entitlement to an "equivalent" job on your return! So would definitely get advice from ACAS etc. if they are still being awkward about that.

hi
tis sounds very crappy to me, and i think your employer needs to check the employment law as do you
i recently had major problems with my return to work application after having dd had to go thru appeal process.
unless it is in writing tha it was a trial period then he is wrong!
also you have the right to apply for flexible working as the mother of a child under 6, you also have the right to return to the same job you left or one with the same terms and conditions that you had previously, check out the ACAS website and the BERR website and also john wright emloyment law expert website is great and if you email him he gives free advice and helped me a great deal, i'll post the link for this one below.;

www.employment-law-expert.co.uk/fwh_1.htm

there are procedure that has to be followed and i'm 99% sure they cant force you to make decision by friday, keep all emails they have sent you for evidence
after you have made official app they have to respond in two weeks, if they are turning you down they have to give you a valid business reason why they cant accomodate you, this reason has to be one of eight specified reasons laid down by employment law, if your employer does not make it clear which one they are in breach of employment regulations, however since this is not an app for flexible working and you expect to go back to what you did before i dont see how they can say you cant,
human resources should be aware of all the legislations and the procedures that should be followed. check out websites and arm yourselve with your rights, sometimes thats just enough to make them think twice.

also there is a new part of the sex discrimination act that came in in oct 2005 that is explained on employment law expert website, but it extends the sex dsicrim act, meaning that you can claim indirect sex discrimination if.... I assume you are the main childcare provider??? and can prove that if your employer forced you to work full time and you were a man this would not effect you as much because they are not usually the main childcare providers, you are a woman, and prob main childcare provider, therefore you are at a disadvantage to a man in the same position.

also check out any policies that your workplace has regarding returning to work following mat leave, flexible working, equality and diversity, part time workers etc

if you need to compile a letter if you point out all the legislations and own company policies they have broke this may be enough to get them to back off, also i forwarded my letters to john wright via email for him to read it ended up 5 pages long cos they broke so many rules! but after it became an offical appeal and i got serious and involved union, i also rang the ACAS helpline and had advice off them, so employer soon backed down

i would ring and say you think the time allocated time to respond is unreasonable and you will be submitting you formal appeal letter in the next two weeks
good luck

let us know how it goes
i can help you if you do have to write any letters if you want
rachael x