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Im a support worker to learning disabled adults. I returned…

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Im a support worker to...
Im a support worker to learning disabled adults. I returned from mat leave in April. As I requested flexible hours they said I couldnt return to my previous position & placed me in a similar position at a place I had previously worked & left due to issues with a clients mother telling lies about me, causing disciplinary action. These came to nothing & I have since been informed that the woman in question apologised though I did not witness this. I now feel incredibly stressed when at work & unable to do my job to the high standards I used to in my previous position. Also whenever my daughter is ill the clients mother will not let me work & I am losing my contracted days pay when I am available to work and still have to pay nursery fees. On one occasion I myself had a chest infection & asked if I was ok to work. I did 2 days covering at my old position only to be told on the 3rd day that I had to take a sick day as I was too ill to work in my new position. Do I have any rights? No union
Submitted: 8 years ago.Category: UK Law
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Answered in 6 minutes by:
6/10/2010
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,243
Experience: Qualified Solicitor
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Hi

 

How long have you worked there for? Have you raised this with your employer yet?

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Customer reply replied 8 years ago
I will have worked there for 3 years in August.

I have tried to raise it with my employer but they simply insist there is nothing else they can offer me. They say they can't let me return to my previous role as when I was there I worked with another member of staff who was the driver of the work vehicle. He left a month after my maternity leave started and was replaced by a none driver. They then covered my maternity leave with a driver so now that I am unable to drive the vehicle they've said she will have to stay and that this other position is all they have.
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
So the only reason you can't have your old job back is because someone else has filled the role?
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Customer reply replied 8 years ago
Basically yes. As far as I can see it by giving a permanent job to a none driver they have essentially filled my role as I was not the driver. But they say they didn't fill my role as they hired the other person on a maternity cover contract.
Solicitor: Ben Jones, UK Lawyer replied 8 years ago

Sorry, last question to clarify - they hired her on a maternity cover contract to cover you but when you came back from maternity leave they have basically left her in your position and refused to end her maternity cover contract

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Customer reply replied 8 years ago
Yes. They say this is because I have requested flexible work. I.e cutting down from working Monday to Friday to just working Monday to Wednesday.
Solicitor: Ben Jones, UK Lawyer replied 8 years ago

The starting point is that under law you have the right to return to your old job after maternity leave and on the same terms and conditions, unless this is not reasonably practical. If it is not reasonably practical to offer you your old job back, you must be offered a job that is suitable for you and appropriate in the circumstances, on the same terms and conditions as your old job. If you're not allowed to return to your old job after your Maternity Leave, you can claim automatically unfair dismissal or resign and claim constructive dismissal by stating you were forced to resign for a reason to do with your pregnancy or maternity leave. You could then also claim sex discrimination. You can actually claim sex discrimination on its own without resigning but you only have 3 months from the discriminatory action to make your claim.

 

You have no automatic right to return to work part time after maternity leave. However, you may have the right to ask for flexible working and this request must be considered seriously by your employer. If they do not consider it seriously, this could again be sex discrimination.

 

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

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