return to work after maternity leave!!

miduck

BenC30 wrote: »

paying back omp is no issue its not been spent, the issue is not wanting to loose a job becuase i cannot commit to working saturdays, when the position did not and still does not include weekend work. IE the lady covering my maternity leave does not work weekends. If it did would not have accepted it all those years ago when i started.

The full time position might not, but the needs of the business dictate that a part time position would.

Is there no way you could rearrange your Saturday activities?

LittleVoice

BenC30 wrote: »

paying back omp is no issue its not been spent, the issue is not wanting to loose a job becuase i cannot commit to working saturdays, when the position did not and still does not include weekend work. IE the lady covering my maternity leave does not work weekends. If it did would not have accepted it all those years ago when i started.

Have you not realised that there is no point in comparing the part-time hours/days offered with a position that is being done by someone else at the moment and which you do not want to do right now? That's a full-time job: what you have been asked to consider is a part-time one. It's different!

Uncertain

BenC30 wrote: »

paying back omp is no issue its not been spent, the issue is not wanting to loose a job becuase i cannot commit to working saturdays, when the position did not and still does not include weekend work. IE the lady covering my maternity leave does not work weekends. If it did would not have accepted it all those years ago when i started.

That simply doesn't help I'm afraid.

As we have said before, there is a right to return to the original job but anything else is a matter for negotiation.

The employer is under no obligation to compromise at all if they don't want to.

Finally, whilst not wishing to add to your woes, I would double and triple check your contract to ensure that there is no requirement to work on a Saturday if the employer so desires.

Also, keep in mind that an employer can change your contract to suit business needs. It is most unlikely they would do this until you have returned from maternity leave and are back in your original job. However if they then say, for example, that Saturday working is now essential and you can't negotiate an alternative they could impose a new contract requiring it.

You only option would be to reject it and resign then claim unfair dismissal (not constructive dismissal under these circumstances despite resigning). Whether or not a tribunal would find it unfair in the current climate is debatable to say the least.

Sambucus_Nigra

BenC30 wrote: »

paying back omp is no issue its not been spent, the issue is not wanting to loose a job becuase i cannot commit to working saturdays, when the position did not and still does not include weekend work. IE the lady covering my maternity leave does not work weekends. If it did would not have accepted it all those years ago when i started.

Even if it didn't back then, they could change your job at any time, full time or part time, to include weekend working.

Can you really not see that the employer is actually doing nothing wrong?

theoretica

Have you tried discussing middle ground with your employers? At present there are two sets of hours under consideration - 15 hours (2 days?) a week including every other Saturday, and 5 days a week Monday to Friday. Might 3 or 4 days a week not including Saturdays be an option that would be acceptable to both you and your employer?

SarEl

I am inclined to not give further advice simply because the OP clearly wants their own way and not what the law says they are entitled to, and gets quite insulting when they don't hear what they wish to. But here's a simple question that the OP hasn't been asked, nor have they explained. Why can't they work on a Saturday?

And just to reiterate what has been said a dozen times by different people - the right is to return to your job. Just because the employer asked you on a form what you wanted does not entitle you to anything other than to return to your job.

denla

ILW wrote: »

May be a case if the no working on a Saturday thing is on religeous grounds.

Wrong. Employer can try to accommodate the religious employee, but if it's not possible due to business requirements then the employer has every legal and moral right to dismiss the employee.

Takeaway_Addict

denla wrote: »

Wrong. Employer can try to accommodate the religious employee, but if it's not possible due to business requirements then the employer has every legal and moral right to dismiss the employee.

I don't think ILW was saying that, they were just saying that could be the OP's reasoning for not wanting to work a saturday

BenC30

Sambucus_Nigra wrote: »

Even if it didn't back then, they could change your job at any time, full time or part time, to include weekend working.

Can you really not see that the employer is actually doing nothing wrong?

i have not said that they are doing anything wrong!

BenC30

SarEl wrote: »

I am inclined to not give further advice simply because the OP clearly wants their own way[/QUOTE]

well obviously?!

SarEl wrote: »

But here's a simple question that the OP hasn't been asked, nor have they explained. Why can't they work on a Saturday?[/QUOTE]

Its not that i dont want to work saturdays, Im just unable too.

this thread has helped me a little thanks to SarEl, but is heading in the wrong direction now so lets end it here.