Returning to Employment after Maternity Leave

Seagull269

Hi.

I'm wondering if anyone can help me please? I am currently on Maternity Leave and will be receiving paid leave until Feb 2012.

The situation I am in is that until I went on Maternity Leave I was working 20 miles away as a Service Administrator at a Main Dealership Garage. As part of my role as a Service Administrator was to cover the Service Desk if one of my colleagues was off. I worked a 40 hour week.

I spoke to my employer about working part time once I had my child and he told me that this was simply not possible-He stated that by me working part time I was unable to provide cover should one of my colleagues be off. I suggested a job share and this was immediately dismissed.

I don't know what to do-I feel that I am being pushed out and being made unemployed because I am now a mother and cannot afford full time childcare and the travelling expenses based on 200 miles a week. I read that I have the right to return to my same job, or a similar job on terms and conditions at least as good if it is not practicable (which is the case by not being practicable as I am no longer able to work the hours that they would have wanted due to my new family commitments).

As I have no choice about returning to work due to childcare costs and travelling costs would I be eligible for JSA whilst I look for part time work after my MAT Leave finishes or would I be told that as I left my job tough luck?

I would be most grateful, especially if any of you have had a similar experience.

skintandscared_2

In my experience, you have a right to REQUEST altered working arrangements and your employer has an obligation to consider your request, but if your request conflicts with the business need of the company they have the right to refuse. I hope you're able to find something that fits in with the hours you feel able to do.

kingfisherblue

Seagull269 wrote: »

Hi.

I'm wondering if anyone can help me please? I am currently on Maternity Leave and will be receiving paid leave until Feb 2012.

The situation I am in is that until I went on Maternity Leave I was working 20 miles away as a Service Administrator at a Main Dealership Garage. As part of my role as a Service Administrator was to cover the Service Desk if one of my colleagues was off. I worked a 40 hour week.

I spoke to my employer about working part time once I had my child and he told me that this was simply not possible-He stated that by me working part time I was unable to provide cover should one of my colleagues be off. I suggested a job share and this was immediately dismissed.

I don't know what to do-I feel that I am being pushed out and being made unemployed because I am now a mother and cannot afford full time childcare and the travelling expenses based on 200 miles a week. I read that I have the right to return to my same job, or a similar job on terms and conditions at least as good if it is not practicable (which is the case by not being practicable as I am no longer able to work the hours that they would have wanted due to my new family commitments).

As I have no choice about returning to work due to childcare costs and travelling costs would I be eligible for JSA whilst I look for part time work after my MAT Leave finishes or would I be told that as I left my job tough luck?

I would be most grateful, especially if any of you have had a similar experience.

Not practicable for the employer, not the employee. Your employer is allowing you to return to the job that you had before, so they are not doing anything wrong. They have to consider your request for part time working, but can refuse on business grounds. This is what they have done.

cannyscot_2

I have been in the same position and took advice. I put in an official request in writing for a reduced role. You should do this and provide all possible solutions to make up the shortfall-job share flexible working etc -anything you can think of and then the employer has to give good reasons why it is not viable , not just say it won't work.

Originally my emplyer dismissed the idea but once I put in an official request with solutions he accepted it.

I used the forms from the BERR website.

http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page35662.html

Good Luck -stay calm and think all the possible arguements against what you want first and think of the solutions . The employer will actually find it quite hard to come up with good reason why job share etc will not work.

Kalia

Though you have verbally asked it would be worth putting in an official request. http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_184569
From what you have said they are turning you down on the basis that it would have a detrimental effect on ability to meet customer demand and there is an inability to reorganise work among existing staff which are valid business reasons but it ma push them to consider a job share.
You would be choosing to leave your job (albeit or good reason if you cannot afford childcare) so I expect the 26 weeks thing before you can claim would take effect.

skintandscared_2

[QUOTE=cannyscot;46414825The_employer_will_actually_find_it_quite_hard_to_come_up_with_good_reason_why_job_share_etc_will_not_work.[/QUOTE]

I know it's stating the obvious, but for a job share to work there has to be another person who wants to do the other days that the OP doesn't want to work. If there isn't such a person then it's obvious the job share won't work!

cannyscot_2

skintandscared wrote: »

I know it's stating the obvious, but for a job share to work there has to be another person who wants to do the other days that the OP doesn't want to work. If there isn't such a person then it's obvious the job share won't work!

Unlikely in todays job market! It is up to the employer to find the person if it is workable within the business they can't refuse.