Maternity

cmc86

I am coming to the end of my maternity leave and have two children. I have no childcare at the moment I and unable to return to  work.
 I have spoken to my employer and they have told me I will need to be put on a zero hour contract with no pay until I can return. Can they do this? 
Any advice would be great full.
thankyou

epm-84

Unfortunately, yes.  They would also be allowed to dismiss you as you are not able to fulfill the requirements of your contract by not being able to work when your maternity leave ends but fortunately they aren't going down that route!

You could ask to be put on the furlough scheme saying the reason you can't return is COVID-19 related but it's up to your employer whether or nor they do that - they are not legally obliged to.

sharpe106

You could ask to be put on the furlough scheme saying the reason you can't return is COVID-19 related but it's up to your employer whether or nor they do that - they are not legally obliged to.

If you are going to do that you will have to do it today or tomorrow, no point waiting. 
Although back to the OP point they can only put you on a zero hour contract if you agree. However as they have already said they expect you back to work you can probably guess what the outcome would be if you don't turn up.
Although an other option could be to try to look for a solution, do you have a partner? could you or them change the working hours a bit, could you offer to take holiday and your partner to work it around. Could you offer to take unpaid leave?

sharpe106

Update from yesterday if your employer wants to furlough you when you return from maternity they can, even if you have not been previously.

https://www.gov.uk/government/news/parents-returning-to-work-after-extended-leave-eligible-for-furlough

EssJayD

Fortunately no they cannot do this, your role/terms must remain the same as they were before unless there is a good business reason (and it does have to be a GOOD reason, you not having childcare would not count as a good reason), if they do the terms must be no less favourable than they were before.  A zero hour contract would very definitely be less favourable, no way would I agree.  They should be offering you unpaid leave instead.