Can anyone advise me?

I am currently on maternity leave from my job where I have worked for 9 years. I have just applied for Flexible working to return part time and my boss tipped me off this morning that the company have refused it (prior to any meeting or anything else - basically the decision has been made) because my role is a full time role, not a part time one.

However, there is someone else doing a similar role part time following the birth of her baby. Does this not set a precedent? I work for a big Corporate with HR dept etc etc so its a bit off that they are doing this - I am a very hard worker and I make them a lot of money (sales).

I do suspect my boss is trying to provoke me back full time by refusing the option of part time.

Hi, funnily enough I was having a similar discussion this lunch time with my friends. Here (in a hospital) apparently you only have to be offered your old position back if you return full time, if you are wanting to return part-time they can offer you other, similar work, but not necessarily in the same department.  For eg, I'm the A&E secretary, but if I wanted to come back part-time when I have a baby, they could offer me the role of cover secretary instead.  Don't know if that helps, but thought it might be of interest!

No advice or experience as such Chloe, but I'd have thought you are right about the precedent :)

Lindsay
x

Yep, agree with Lyndsay :)  I would have thought that sets a precedent.

I will email my sis as she is a HR Manager and is very good on things like that.  I will let you know.

x

Ahhhh and don't forget Keeley if you want to appeal against your A4C banding they can also move you from your present job!!

I know that they are not allowed to demote you in any way or change your rate of pay (only if it goes pro rata of course) but that they are within their rights to offer you another job (ie not the one you were doing before you went on maternity leave).  In the law's eyes so long as they have made you an offer of a part time position they are doing their bit (as frustrating as it is for you!).

You are right though they have set a precendent by allowing someone else to do what you want them to do but unfortunately I don't think there is anything you can do.

Sorry to hear they are giving you gip!

Thsi is excatly what happened to me before I went back. They tried to be as difficult as possible :(

My job was a FT post until I went off on Maternity and the person they used to fill my role was a part timer and was not at a level to do all of my job hence why they let her do part of it part time.

I applied for flexible working and they failed to reply in the statutory time etc. By the time I finally got an answer I was made redundant which I was sort of pushing for anyway as it turned out to be a very good payout ! I was going to leave anyway so it worked out well for me !

Check to see what the flexible working policy is as they have to have a good case to refuse you coming back part time. Can you prove that it could work as a job share as they would find it difficult to  refuse if you can give some good backup of how it would work.

This is a very good site that explains both the employees and ers guidance.

Hope you get it sorted as I must admit it really got me down as all I wanted to do was enjoy my time at home with Indigo but the battle I went through to get it sorted blighted that time :(

Lucy
xx

Chloe, give ACAS a ring in the morning.  They don't give personal advice, but they will give you the facts about your particular situation.

They were very helpful when I had problems at work.  I was eventually made redundant, but at least they told me my rights and I ended up taking them to the Employment Tribunal and won my case.  Without their help the company would have walked all over me.

In  my work place anyone who currently works fulltime and wishes to work part/flexible hours is required to find another person of the same grade to bring their case forward to HR. If there is no one else interested the Co will endeavour to explore any other such position that suits the employee's ability albeit on a lower scale

Carla

You have probably researched this already but if not check this out

http://www.tiger.gov.uk/maternity/employee_april03/ptrights.htm

While the company are not obliged to agree they are obliged to give serious consideration and I interpret that as meaning they should give you a valid and comprehensive reason for any refusal.  They are, of course, not obliged to give you the same job on a part time basis so may come back and offer you something else instead.

Most large corporates are usually flexible as they don't want the adverse publicity etc and are always wary of being found to be discriminatory so perhaps your boss is just making suggestions that he hopes may change your mind. 

I worked for a large corporate and was the first person there to apply for a two year career break (12 years ago now).  I got it and when I was due back I asked for part time for a while and I got that too before eventually returning full time when my children were all at school.

Good luck

Andrea

Sorry that was the link I was going to put in my post ! :)

Flexible Working hours is an option, not a right for both parties and whether or not it is granted depends on many factors.  Some jobs cannot be covered by flexible working depending on the profile of the work.

citing precedent is not as easy as it sounds UNLESS of course your colleague has EXACTLY the same terms and conditions, job description, responsibilities etc etc etc  SIMILAR is not IDENTICAL......................

It is not a "bit off" if the company adheres to the regulations (only to you).

It is wise to read the regs, your terms and conditions of employment and then it is up to you to put forward a case for flexible working which demonstrates that you have thought of all the pros and cons and that you can meet the requirements of your role despite the change of hours etc.

If you cannot demonstrate this then of course the company has a right to refuse you the flexible hours option.

Hmmm. I probably didn't make it clear. I am not due back off maternity leave until August. I worked right up to Archie's birth to do them a favour. After my last child I offered to go back early part time to help them out - which was accepted - and I hit my targets and made more money than the full timers in the same role. This time I have done the same (only we have been bought out by this big corporate a year ago). They can have me back 6 months early part time, or go without me until Aug - their choice! :D

>However, there is someone else doing a similar role part time following the birth of her baby. Does this not set a precedent?<

I haven't kept 100% up to date with the employment law but yes it sets a precedent if the situations are almost identical and YES they do have to be flexible now where flexibilty would not affect their business in anyway.

Employers must now be reasonably flexible or be shown to be IF it is suitable.