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  • "Debi1" started this thread
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Reg: Jun 21st 2008

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Friday, May 20th 2011, 9:15am

Returning to work - rights?

Hello! I wonder if any one can offer any advice. I am due to return to work in September. As much as I don't want to, unfortunately our financial situation dictates that I have to. Anyway, having done some sums, we've worked out that we can afford for me to return for 4 days rather than full time. I am really pleased and am obviously desperate to spend as much time with DS as possible and hate the thought of him being in nursery (although I know he'll be fine :-))

So, I asked for a meeting with my boss and a rep from HR last week to ask whether it would be possible to return 4 days. Their immediate reaction was "no", saying that my job is a full time role and cannot be done in 4 days. Now, although I don't agree and would work my socks off for the 4 days, I work in customer service and understand their view point. I think they expected me to say, fine then, I'll come back full time - but I didn't, DS is my priority now and I really do want the 4 days. We don't have any family around either, so it would be nursery and that inself is a crazy expense.

So, its been left with them to have a look at 'options'!, but I just wondered if anyone knew what could possibly happen? If they stick to their guns and says I can't come back and do my job 4 days, do they have to find me something else?, would they have to make me redundant? or could they force me to resign? Its really starting to worry me as I can't afford not to work, but hate the fact that they can potentially stop me spending my precious day with my boy.

Any thoughts or experience really appreciated - oh and I've been with the company for 6 years if that makes any difference.

Debs x
Deb x

This post has been edited 1 times, last edit by "Debi1" (May 20th 2011, 9:17am)


Abods

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Friday, May 20th 2011, 10:53am

Hi Debs

Well don't worry, they can't force you to do anything. If you don't want to return full time and your job cannot be done in the days you want to return they have to offer you an alternative position within the company, it is then down to you wether you want to except the position, if you don't than you have to make a decession of handing in your notice or returning full time.

For more info, google the goverment website and it will answer all your questions on there.

Good luck


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BraveGirl

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Friday, May 20th 2011, 11:45am

Hi there

I am not sure angle is right. The employer has to hold keep your job own for you for 1 year. That applies to the job you had before you went on maternity leave. If you want flexible working they have to consider it but don't have to give you it. If they won't give it then you might be able to appeal the decision but legally you I think are only protected to gave the role you had before you left.

I don't think they are obliged to offer you a different job within the company.
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Friday, May 20th 2011, 12:35pm

Hi Debi1.

Try and make a really good case for yourself before the meeting, why you want the hours, how you could minimise the impact to the company, even if you think it could be beneifcial to the company. As already said they are legally obliged to consider it but thats all, they dont have to let you have it. I believe it is as BraveGirl says that full time or nothing, the only way I thought they had to offer you another job was if your original post had been made redundant. Although this is just my interpretation or it. Try DirectGov, flexible working. I found this really, really helpful when I was preparing my case for working 4 days a week and leaving half hour earlier in the evenings with a half hour lunch. I did get what I wanted work hours wise (unfortunately the company has gone bust in the meantime!) but my agruement tried to take into account ever possible agreement and counteract it!

Good luck!! xx




This post has been edited 2 times, last edit by "GemH" (May 20th 2011, 12:40pm)


Maria72

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Friday, May 20th 2011, 6:18pm

That's the link:
Who can request flexible working? : Directgov - Employment
(link not endorsed by FZ)

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Saturday, May 21st 2011, 8:52am

Hi there,
Your company can refuse as long as they give one of the reasons listed on the business link website. I work in HR and normally we have always come to a compromise but sometimes it has been a refusal and the company do not need to find you anything else! Only thing I would say is if there were advertising a different job n 4 days and different salary etc you should apply. Try and see if there is a compromise!!!!!
Good luck x
1st ICSI -May 2009 BFN
2nd ICSI -Oct 2009 BFN
Took a break
3rd ICSI - Dec 2010 - BFP - Ruby born 13th September 2011

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