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Hi, i am currntly on maternity leave and i am due back to work…

Customer Question
Hi, i am currntly on...
Hi, i am currntly on maternity leave and i am due back to work on the 7th september. I have had a meeting with my boss to discuss when i was going back about 4 weeks ago, i put in a flexi working application requesting part time and that i understood i couldnt do my job part time but was willing to take any other position, i recived a phone call on friday to say that there was nothing avaliable, no paper work to back this up, i asked about my current position as manager and was told that my branch now has a manager in but the barch 15 miles away is avaliable but i need to let her know by this friday as she has interviewed for this and need to fill it. the only other branch that is avaliable to return to work is 45 mins-1 hour away, this to me is unreasonable as i dont have the child care to be able to get to work on time or back to pick him up. I was also told this is not a 9-5 job i would be expected to work longer hours. i feel like i am beeing put out of a job.
Submitted: 8 years ago.Category: UK Law
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Answered in 30 minutes by:
6/9/2010
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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Experience: Qualified Solicitor
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Hi

 

How long have you worked there for?

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Customer reply replied 8 years ago

Hi

 

I have been there for 4 years.

Solicitor: Ben Jones, UK Lawyer replied 8 years ago

The starting position is that following maternity leave you have the legal right to have your old position back on the same terms and conditions as those before you went on maternity leave. However, if for some reason your employer shows that it is not reasonably practical for you to return to your original job (e.g. because the job no longer exists) you do not have the same right. In that case, you must be offered alternative work with terms and conditions as if you hadn't been absent in the first place.

 

At the same time you have the option of requesting flexi working arrangements. If your application isn't accepted your employer should discuss it further with you. Your application can only be rejected on a limited number of grounds and you have the right to appeal it. They should arrange a formal meeting for you to discuss this. This page should provide you with further details on the subject:

 

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_171775

 

So if you feel you have been unfairly treated then your next step, after appealing, is to raise a formal grievance. If that does not help you can go as far as making a claim for sex discrimination in an employment tribunal or even resigning and claiming constructive dismissal.

 

Please press the ACCEPT button to proceed. You would then be free to ask any follow-up questions you may have. Thank you.

Ben Jones
Ben Jones, UK Lawyer
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Customer reply replied 8 years ago

The job is still avaliable but they have put another manager in there, permently,

 

Do you think it is worth while going to see a solicitor?

Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Yes you should. They can't just replace you because you are on maternity leave and then tell you your position is no longer available. That is indirect sex discrimination.
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Customer reply replied 8 years ago

Sorry am rubbish at this, i dont qualify for legal aid to the 19 th and cant afford to pay to see a solicitor at the min and my boss requires a answer as to if i want the job in the other branch or she is going to fill it, or should i just let her fill it?

Solicitor: Ben Jones, UK Lawyer replied 8 years ago
If the job is not suitable then you don't have to accept it
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