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return to work after maternity leave!!

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Comments

  • SarEl
    SarEl Posts: 5,683 Forumite
    BenC30 wrote: »
    the old contract says nothing about weekend work.

    OK, I will put this as simply as possible.

    It does not matter what your old contract for your current job says. That is entirely irrelevant. You are asking your employer to give you a new contract - one that is part time. This is an entirely different contract. The employer has said that they will give you a new contract - they have offered you one. And they have told you what the terms of that new contract are. Take them or leave them.

    You appear to fail to appreciate that the employer doesn't care about your "weekend commitments". Jobs exist to meet the employers needs - employers do not exist to create jobs that fit in with your diary arrangements. You do not get to tell the employer what hours it is convenient for you to turn up to work.


    You are the one doing the asking here, and your choices are stark:
    • Take the part-time job on the hours offered
    • Return to your full-time job
    • Resign if neither of those suit you.
    You cannot have the hours you want. What your old contract said about your hours or days of work is irrelevant because you are the one asking for different hours - and different days is part of that package.


    Just to be clearer:
    • This is not constructive dismissal
    • This is not unfair dismissal
    • This is not discrimination
    You have been offered what you asked for - part-time hours. If you don't like those hours then go back on your current hours. Or possibly, wildly, re-arrange your commitment. You can't have everything you want, so you need to decide which of these things is a priority - employment or diary events.
  • BenC30
    BenC30 Posts: 21 Forumite
    Part of the Furniture 10 Posts
    thanks I appreciate your opinion on this.
  • cr1mson
    cr1mson Posts: 933 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    BenC30 wrote: »
    why is not being able to work on a weekend unrealistic?

    Because you are asking to change your hours therefore it is not realistic to expect the employer not to offer a solution that benefits them too.

    Read SarELs excellent post and then make your decision.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    BenC30 wrote: »
    thanks I appreciate your opinion on this.


    I'm afraid it is not just an opinion, it is fact.

    As you are new here you probably don't know but SarEl is a highly experienced barrister who specialises in employment law.

    Obviously you can continue to try to negotiate with you employer. Whether you succeed will depend at least partly on how much they value your services.
  • SarEl
    SarEl Posts: 5,683 Forumite
    BenC30 wrote: »
    thanks I appreciate your opinion on this.

    Just to be even more clear - I was not giving you an "opinion". I was giving you an opinion - a statement of the legal position you are in.
  • denla
    denla Posts: 417 Forumite
    SarEI is not guaranteed to be always right in employment law, but the day she's wrong is the day you can expect to win the lottery three times in a row. OP strikes me as the type who ignores advice from experienced barristers then criticises the judge after losing the case. Didn't someone on the forum previously do that? Ignored what everyone said, lost the case, tried to appeal, and kept whining the judge is wrong?
  • SarEl
    SarEl Posts: 5,683 Forumite
    denla wrote: »
    SarEI is not guaranteed to be always right in employment law, but the day she's wrong is the day you can expect to win the lottery three times in a row.

    Thank you but employment law is often grey in tone and it's impossible to be always correct. That is why there are lawyers! But on this one it is very simple and there really isn't room for interpretation - negotiation possible, but not interpretation.

    I would be ahppy with one win though!
  • BenC30
    BenC30 Posts: 21 Forumite
    Part of the Furniture 10 Posts
    Well i have not actually asked for part time work, they sent me a form asking me what hours i wanted to do on return to work with no mention of my old contract being terminated and a new one being arranged so why would i assume a new one was to be made? my old contract states mon-fri as my working days.

    you are all correct i dont know who any of you are, sarel gave me the answer i was expecting. Denla dont judge me please.

    On the basis that nobody knows the full story and based on some peoples odd judgemental responses I cant assume that anyone actually knows the right answer. For that reason i assume the comments are an opinion of the situation.


    i appreciate everybodys time spent to help me.
  • BenC30 wrote: »
    Well i have not actually asked for part time work, they sent me a form asking me what hours i wanted to do on return to work with no mention of my old contract being terminated and a new one being arranged so why would i assume a new one was to be made? my old contract states mon-fri as my working days.

    you are all correct i dont know who any of you are, sarel gave me the answer i was expecting. Denla dont judge me please.

    On the basis that nobody knows the full story and based on some peoples odd judgemental responses I cant assume that anyone actually knows the right answer. For that reason i assume the comments are an opinion of the situation.


    i appreciate everybodys time spent to help me.

    Your very first post says "on return to work asked for part time and they accepted 15 hours a week" What part of that constitutes "not asking for part time work"? People have advised on the facts you have given. The advice given to you by SarEl is based on employment law and the best (free!) legal advice you will get. I'm sorry it doesn't give the answer you want, but that doesn't make it merely an "opinion". It's the law and it's the "right" answer.
    DMP Mutual Support Thread member 244
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  • BenC30 wrote: »
    Well i have not actually asked for part time work, they sent me a form asking me what hours i wanted to do on return to work with no mention of my old contract being terminated and a new one being arranged so why would i assume a new one was to be made? my old contract states mon-fri as my working days.

    you are all correct i dont know who any of you are, sarel gave me the answer i was expecting. Denla dont judge me please.

    On the basis that nobody knows the full story and based on some peoples odd judgemental responses I cant assume that anyone actually knows the right answer. For that reason i assume the comments are an opinion of the situation.


    i appreciate everybodys time spent to help me.

    I don't think you are getting it are you?

    What do you think the right answer is?
    If you haven't got it - please don't flaunt it. TIA.
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