return to work after maternity leave!!

BenC30

yeah I see what you are saying but they sent me a form asking me to fill it in, so they made the request not me.

Chill out people how am i supposed to know that sarEl knows anything about anything?

by the reply can i assume that sarEl usually fights for the employer rather than the employee? I came here for some help so i can keep my job and eventually return to work full time again in a job that i love.

Fact remains that weekend work it out so if they stick with that im out of a job. I need to make sure that doesnt happen for me and my family!

paddedjohn

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.

Sorry OP but how do you expect to get the correct answer to your question if you dont supply the correct details? Far from being judgemental the posters on here have tried their best to provide you with what i believe to be the correct information that you need.

skintandscared_2

SarEl is an employment barrister so is an expert on employment law and the advice given isn't really taking "sides", it's the rules on returning to work on different terms to your original contract. I think it is probably presumed by employers that new mothers returning to work will want to work part time, but people on here only assume that because you actually said it. There is nothing to stop you returning to work on exactly the same terms as you left - the same full-time job as you had before and the same days. Why don't you just do that if you want to?

BenC30

paddedjohn wrote: »

Sorry OP but how do you expect to get the correct answer to your question if you dont supply the correct details? Far from being judgemental the posters on here have tried their best to provide you with what i believe to be the correct information that you need.

some replies come accross that people think im lazy and ignorant which i dont like.

SarEl gave a reply that i expected, but i was not to know it as fact so assumed it was an opinion.

BenC30

skintandscared wrote: »

SarEl is an employment barrister so is an expert on employment law and the advice given isn't really taking "sides", it's the rules on returning to work on different terms to your original contract. I think it is probably presumed by employers that new mothers returning to work will want to work part time, but people on here only assume that because you actually said it. There is nothing to stop you returning to work on exactly the same terms as you left - the same full-time job as you had before and the same days. Why don't you just do that if you want to?

I would like to return full time but that is not possible at the moment, i will be able to eventually. In the meantime i want to keep my job but I cannot work weekends and i need some help to make returning to work part time during the weekdays happen.


So if you can help me with this please feel free to comment if not please dont.

mountainofdebt

BenC30 wrote: »

I would like to return full time but that is not possible at the moment, i will be able to eventually. In the meantime i want to keep my job but I cannot work weekends and i need some help to make returning to work part time during the weekdays happen.


So if you can help me with this please feel free to comment if not please dont.

The only way I can think of achieving what you want is to get another job that offers parttime working on a monday to friday basis

getmore4less

BenC30 wrote: »

I would like to return full time but that is not possible at the moment, i will be able to eventually. In the meantime i want to keep my job but I cannot work weekends and i need some help to make returning to work part time during the weekdays happen.


So if you can help me with this please feel free to comment if not please dont.

You need to try to negotiate for hours that will work for you.

Hold back that you can't do the original hours and will need to resign if the only part time options include weekend.

Did you use up all the maternity accrued holiday before you went off or is there a way you can use any left to negotiate.

KiKi

BenC30 wrote: »

yeah I see what you are saying but they sent me a form asking me to fill it in, so they made the request not me.

They asked you a question - you said you'd like part time hours. You also said that you requested PT hours in your opening post. No-one here is psychic if that's not the case.

by the reply can i assume that sarEl usually fights for the employer rather than the employee?

So, because she gives a reply that's not in your favour, you make an assumption that she's on the side of employers?!!

Anyway - no, you cannot. SarEl only represents employees, usually those who have stupid and ignorant and unlawful employers. She never represents the employer. But she can't change the law to suit the employee. And what she has told you is the legal position. It helps the employer and employee. It might not suit your specific situation but that doesn't make it any less correct.


You mention earlier that there was no talk of 'terminating' your old contract and offering a new one. Just so you understand, when you change the T&Cs of your contract, that's what happens. As SarEl explained, when you return, you have a right to your old job. If you want something different, then it becomes a new contract because the hours are different - that's just how it works. So the 'new' contract is about the new hours.

Have you tried negotiating not working Saturdays with them? You never know, they might be flexible.

KiKi

Uncertain

BenC30 wrote: »

by the reply can i assume that sarEl usually fights for the employer rather than the employee?

No, quite the opposite!

To assume make as A S S of U and ME :rotfl:

Seriously though she and others were simply pointing out that you do not have many of the "rights" you clearly assumed you had when you started this thread. You were the one that mentioned "constructive dismissal" etc which is nonsense in this context.

Your rights are very simple....

You can go back to your job just as it was before your maternity leave.

You can REQUEST reduced hours and the firm must CONSIDER your request but they are under no obligation to grant it.

You can resign.

You can negotiate in any way you like but your only real lever is to suggest that you will resign if they can't or won't meet your needs. As I said before that depends entirely on how much they value your services, how difficult reduced hours would be for the company and how easy you would be to replace.

Now it may well be the firm will negotiate and you can come to a deal that is acceptable for both sides. If so then great. The fact that they have sent you a questionnaire suggests that they are aware just how few women actually return to their original job long term after maternity leave.

If there is something unusual about your job then I would suggest you try to present the firm with a solution that meets your needs rather than giving them a problem to solve.

I hope it works out for you but it helps to know the fall back legal position, particularly when it is nothing like as strong as you originally thought.

Sambucus_Nigra

BenC30 wrote: »

I would like to return full time but that is not possible at the moment, i will be able to eventually. In the meantime i want to keep my job but I cannot work weekends and i need some help to make returning to work part time during the weekdays happen.


So if you can help me with this please feel free to comment if not please dont.

Telling you your legal position IS helping you. Just because it's not what you want to hear does not make it the wrong answer.