Going back to work what are my rights??

[becksie77]

Hi, I am currently on maternity leave due to return end of August.
I was previously working full-time and had advised my manager that if I did return that I would like to work a 3 day week.
However a colleague who was in a similar situation was advised that she had to work 4 days (which she is doing).
Would I have to do this (am taking a year)..would my employer have to offer me voluntary redundancy or just not offer me a job if I refused to do this?? what are my rights? I will have worked for my employer 6 years in April. Many thanks!!!

You may request a 3 day week but your employer is under no obligation to agree. There would be no redundancy situation so you would in effect be resigning.

Have a look here for information on how to make a flexible working request (i.e. ask to work 3 days rather than 5):

www.direct.gov.uk/en/employment/employees/flexibleworking/dg_10029491

If you take a year off, you are entitled to go back to A JOB that is of an equal standing to your previous job, not necessarily THE job you left.

As Gomez says, you can ask for reduced days, but the business has a right to consider whether it is able to accommodate your request in light of what needs to get done to meet business needs. It would, IMO, be entirely within the spirit of flexible working for you to request one thing (eg 3 days) and for them to make a counter proposal (eg 4 days) that they would find manageable.

Your right is to make the request, not to have it granted (of course, within reason) So they could indeed say that the job the need you to do can only be done in 5 days, then your choice is to take it or not (and you resign).

A tip when you are making your application - if you are serious about going PT, please try and answer the questions about 'how it will impact others' / 'how you will mitigate any effects' with something more than ''it won't impact others''. IME, it almost certainly will impact others, and your employer will be able to identify how, even if you can't! Typical things would include holiday rotas / coverage for peak periods / any client facing (internal or external) implications...

Good luck!

As others have said, your right is to go back to your old working hours (as Evil said, there is a slight technicality about it being a job of equal standing, not necessarily exactly the same job, but in 95% of cases it is a return to the same job).

Totally separately from your maternity leave rights, as a parent of a young child you have the right to ask for flexible working, and for that request only to be turned down on reasonable business grounds. If your request is (reasonably) refused, it does not entitle you to redunancy. You simply then have to make the tough decision whether to take what they've offered, appeal or resign. If you appeal and it's not successful, you're then down to take what they've offered or resign.

I would second the comments about filling in the form correctly. If you have a look on the employment board, there have been some good tips recently on things to consider.

Evil love the name! I'm a lawyer, so we think you HR people are the softies!

Hi Ribena - I think I am in the minority, but I have never knowingly been called a softie before (in a work capacity at least!)
This might be misplaced, but one my proudest moments was being told by an employment lawyer that I was harsh!!

I am sure we will talk again on the employment threads, so nice to meet you!

Nice to meet you too. Are you new? Have you met Flowerybeanbag yet?

Being called harsh by an employment lawyer is one of the highest compliments we can bestow. I hope you've added that to your CV!

No, not new - have lurked for a long time, but back on here with a vengeance since being on mat leave again. Also like posting more with my new name

I have seen FBB on another thread - hello there, if you are looking! Lawyer too?

Ha ha. Like a nice outfit. Want to show it off!

Flowery is HR. Like you, big softie .

We had a clique quiche for us HR bods once. No idea where it is now, perhaps it is time for a revival?

Becksie, good luck with your flexible working application. You'll find lot of information on the employment boards.

Ah, you see I am the best kind. I'm like those purple Quality Streets - soft on the outside with a hard centre... Mwa ha ha!

Hi Evil, welcome, or welcome back!

Becksie - it sounds as though your employer isn't dead against flexible working but they may offer you a compromise as they did your colleague.

My best tip for flexible working applications is to work out why the arrangement will be beneficial for the employer, and spend some time focusing on that. And make sure none of what you are proposing involves saying that x, y and z colleague will be able to do some of your workload...