Return to work after ML complications - help!!

[janajos]

I am a teacher and will be returning to work in June after one year's maternity leave.

The head decided that he could cover my leave internally, (having employed an assistant head who also teaches my subject specialism - ironically, she goes on ML as I return.)

I have been clear from the outset that I would like to return to work, but on a part time basis and my understanding was that he would be able to accomodate this. Things are further complicated by the fact that he has reduced teaching time in KS3 and KS4 for languages, this means that he had 4.3 teachers capable of teaching French and only space for 3.3!!

My head of department is retiring this year and so he wants to employ a new HOD. I'm entitled to return full time, or, he says, I can return PT to cover the assistant head's maternity leave, but this will not be on a permanent contract, but a temporary one!! What a mess, is there anything I can do?

Have you put in a formal flexible working request? That's your first step. You are not entitled to return part time, as I'm sure you know. You are entitled to a suitable job on your existing terms and conditions which it sounds as though is there for you if you want it?

If you don't want the job on a full time basis you need to put in a flexible working request explaining how the full time job you would be returning to can be either be done in the hours you want to work, or can be done with a job share, or whatever other arrangement.

Can I be clear on this, I put in a formal flexible working request in writing and then he has to offer me a meeting to discuss within 28 days? My problem is that if I don't take the full time position then he will offer it to a HOD. Will this mean that I am made redundant when the other teacher returns from ML? So therefore I am uncertain what to request in a flexible working document. Any advice, even if it is just 'get yourself a lawyer' would be welcome!! Thanks so much

hmm, i'm not in employement law, but was a teacher.

you have the right to return to your current post, or an equivalent one ft. you have the right to request pt, but absolutely no right to insist on it, no matter how much notice you have given them. you can put in a request for 'flexible working' but that is the limit.

if, in the meantime, there is a genuine redundancy in the dept, you are as likely as any other worker to be made redundant.

i think you should try a friendly chat with your union rep to get the situation clarified - the ass. head thing is making it v complicated, and in fact, isn't to do with your work.

i'm afraid the bottom line is, you have no right to go pt, you may need to look at ft (with possible redundancy later) or not at all.

If you refuse the full time post you are entitled to altogether, and accept the part time post you are being offered, as and when the woman returns from maternity leave, you may then be redundant, yes, if there's nothing else available at that time.

Put in a flexible working request and get that discussed before you make any decisions about the temp post.

Thank you all. If I was made redundant (I have been there for 5 years) do you have any idea what I might be offered?

I am tempted to go back full time and see what happens....

But it sounds as though there is a full time post there for you if you want it, isn't that right?

If not, and you don't want the part time post, you will be entitled to statutory redundancy pay of a week for every complete year of service, to a maximum of £380 a week. No idea whether teachers get more than that or not.

If you mean if you were later made redundant from the part time post, the redundancy pay would be calculated on your part time salary.

Thanks for your advice. I'm sorry to sound a little dense. I don't want the full time position. Does this mean that he can make me redundant when he appoints a FT HOD. Would I be wiser to go back FT and then ask for a variation in September?

If you don't want your job back, you have two options. 1. Resign. 2. Take the part time role and risk being made redundant later on.

You won't be redundant if/when he appoints someone else to the role you don't want.

Yes you could go back f/t and ask for a variation later, although of course you risk not getting it.

Thanks

I promise no more questions.. I really appreciate your help and advice.

I too am a teacher and had great problems returning to work under similar situation. Please contact your union - they were a great help to me and in the end, i got what i wanted - good luck!