i'm going into work tomorrow to request new hours when i return in January. i usually work as a team of 2 as a training consultant but have been reliably informed that they arent going to offer me my position back as they only want 1. Can they do this? If they only want one can i not go for that position? secondly they are going to offer me another position as a team manager and i really don't want to do it, can I decline?

Am not sure really. I would ring the HR department up and ask them first so you know where you stand xxx

If you have been off for less than 6 months (I think that is right) they have to offer you your old job back if it is more than 6 months but less than a year they have to offer you an equivalent job (same level and pay etc) but not necessarily the same job.

Kate1975 will know

I thought it was the 9 months - as in the bit we get paid for 'Ordinary Leave', and then if you take the extra 3 months Additional Leave then they have the option to give you another job?

Yes Kate is the best about this kind of thing

You have the right to return on the same terms and conditions to the same job, this now applies regardless of whether you have taken ordinary mat leave or additional. If they are not giving you your job back then the employer has to show that its not reasonalbly practicable to do so - ie the job does not exist anymore. I would say they are on dodgy ground here as if the job does not exist they should have contacted you to consult in terms of redundancy even tho you were on maternity leave.

If there are 2 of you and th eonly need one then I would ask how they selected you as the 'redundant' one as in effect this is what they are saying. Is the job that you think they are offering you on the same pay etc?

It may be that they suspect that you will be asking for a change in hours and they may then say you cant have it in your current job but you could if you moved to this new job. This would be legitimate for them to make you such an offer but you cannot be compelled to accept it.

If you want any more info then let me know.

thanks for that its a great help, the new job is exactly the same pay and benefits, its to cover when another girl's on maternity, she's coming back pt too so i think the plan is to do a job share. What would happen if i declined the position?

You could decline it and stay in your current post on your current (presumably full time) hours. Have you made a formal request under the flexible working legislation as then they have to reply to you in writing and in set timescales if they refuse it. They should also give you a reason if htey turn down your request to change hours in your current job.

well ive been into work, theyve said i won't be able to continue with my current role as there isnt a business need for 2 people in that position, however redundancy isn't a possibility?? . i was offered a team managers job as a job share but i can't work specific days, it has to be rotational, this isnt feasible as my husband has to work set days in his job and the nursery has to be set days too, any further advice please?

Erm this sounds weird! I would act all confused and ask them to put the options to you in writing so that you can make a decision. If your current role is not there any more then surely the post must be redundant?? They could then offer you the new role as an alternative on a trial etc but it would have to be on the same hours etc as your current role. If you get something in writing then feel free to send it on to me and i will help you do a reply x

that does not sound right to me, but i was told (also in my contract) that on returning from mat leave if my position was no longer avaliable they still had to give me an equal paid job in a similar role, but i personaly think that if there is only one position then you should be entitiled to apply for it, hope you get things sorted xxx

Kate1975 wrote:

Erm this sounds weird! I would act all confused and ask them to put the options to you in writing so that you can make a decision. If your current role is not there any more then surely the post must be redundant?? They could then offer you the new role as an alternative on a trial etc but it would have to be on the same hours etc as your current role. If you get something in writing then feel free to send it on to me and i will help you do a reply x

Thanks Kate, is it right that they can refuse me working specific days just because i'm at managerial level, people at lower levels in the company who have recently returned to work have set days . I would move to a lower level position if this was the case but they have said I wouldn't retain my salary .

Unfortunately they can pretty much do what they like as the legislation has not got much weight behind it. You have a legal right to request flexible working but they can legitimately reject it for several reasons see htis link for info http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_171775

In your case if they refuse your request for set days you have a right of appeal but they may stick to their guns. They can offer you the opportunity to step down to a lower level post and if you accept this they are not obliged to protect your pay at the higher level as it is your choice.

If you havent already done so then i would put your request in writing, there is a template for doing so on the site i mentioned previously. Am happy to help you if needed. I would still insist that they confirm to you in writing the reason why your current post is no longer available as this sounds well dodgy to me!!