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My wife is returning to work after 26 weeks of statutory maternity…

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Answer 1

Solicitor: Senior Partner, Solicitor replied 10 years ago

Thanks. As you may be aware if she returned at the end of her 26 week maternity leave -Ordinary Maternity leave- she is entitled to her old job back.

If she extends the Ordinary Maternity Leave then she is only entitled to an equivalent role. The issue is whether she has extended her maternity leave. I am afraid I think she has - because although she is using holiday so that she is being paid for the additional time I do not think she can claim that she returned to work at the end of 26 weeks. So the result is that by extending her leave she is only entitled to the equivalent role not to her old job back.

When did they tell her that the role had been abolished ? if it was before the 26 week was up she might be able to go back and say that they were not entitled to abolish it as she was entitled to have the role back.

Answer 2

Solicitor: Senior Partner, Solicitor replied 10 years ago

When you say project does that mean that her role was project based? it may be a fine distinction but can they argue her role is that same but the work itself is different? If she was employed to work on a project that has genuinely finished then she may be potentially redundant - being on maternity leave does not protect you from being made redundant . So do they think they are offering her suitable alternative employment? What does she want to do ? what is her preferred outcome?

My wife is returning to work after 26 weeks of statutory maternity…

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