kennett Posted August 22, 2014 Report Share Posted August 22, 2014 Need a bit of advice from the wiser members! My wife is having our first baby in Nov, and will be taking nine months maternity leave. Until today her employer were fine for her to come back part time after that. However today another member of staff has decided that they want to return part rather than full time next month and work have told my wife that she now must return full time or not at all. This is not ideal for several reasons, so do we have any leg to stand on? I know they are not legally obliged to let her return part time but can we have a case for constructive dismissal if it comes to it? Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted August 22, 2014 Report Share Posted August 22, 2014 You state that her work were happy for her to return part time until another member of staff has requested to do similar. Does your wife have anything on paper that would support her request? Quote Link to comment Share on other sites More sharing options...
aris Posted August 22, 2014 Report Share Posted August 22, 2014 CAB should be where you ask your question - give them a call: http://www.adviceguide.org.uk/wales/work_w/work_time_off_work_e/maternity_leave.htm#h_right_to_return_part_time Quote Link to comment Share on other sites More sharing options...
Tim85 Posted August 22, 2014 Report Share Posted August 22, 2014 To be honest I think they are only legally obligated to offer the same or similar level role in the company. So if she wants part time to be honest it may not be in the companies interest to have her part time. I maybe wrong and its a shame as loads of the women at my place come back on slightly reduced hours etc but you may not legally have a leg. Quote Link to comment Share on other sites More sharing options...
Royal22lr Posted August 22, 2014 Report Share Posted August 22, 2014 Contact ACAS specialist in Employment law free service, IMO better than Cab 08457 474747 Quote Link to comment Share on other sites More sharing options...
grrclark Posted August 22, 2014 Report Share Posted August 22, 2014 I suspect that your wife has more rights than you both think. Absolutely seek advice from an HR specialist, but unless your wife's work can demonstrate that her role must be fulfilled in a full time capacity then they are on shaky territory, especially if they have approved someone else going part time in a similar role.In essence they would have to make her post redundant in order to get rid and to do that they have to demonstrate reasonable grounds for doing so. If they cannot reliably demonstrate that part time cannot work in the particular role that she performs then they are laying themselves open to a claim. Quote Link to comment Share on other sites More sharing options...
Lampwick Posted August 22, 2014 Report Share Posted August 22, 2014 I think she has a right to ask for part time work and they must consider it but I don't think they have to say yes! They would need to state why it wouldn't work mind! Quote Link to comment Share on other sites More sharing options...
kennett Posted August 22, 2014 Author Report Share Posted August 22, 2014 Thanks everyone, all suggestions taken on board Quote Link to comment Share on other sites More sharing options...
happypig Posted August 22, 2014 Report Share Posted August 22, 2014 I would suggest your wife makes a note of all conversations in respect of this.... Just date time persons present and as much detail as possible. If she can get things in writing so much the better Place yourselves in a better position should it become difficult down the line Quote Link to comment Share on other sites More sharing options...
Amazed Posted August 23, 2014 Report Share Posted August 23, 2014 Suggest a job share between both part time employees. ? Quote Link to comment Share on other sites More sharing options...
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