martenity

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jennatay
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Posted: Wed Jan 16, 2013 6:28 pm 
Post subject: martenity
hi everyone just need a little advice my marternity will be ending soon and my boss has told me that i will have to take a jobs that availiable at the time and not my old position as she has given it to someone else can she do this just need some advice thanks in advance xxx
Faerydae
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Posted: Wed Jan 16, 2013 6:48 pm 
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I'm fairly sure they can't because you've gone on paid leave with the intent of returning, they can bring in a temp to cover your position while you're on leave but I don't think they can permanently give your job to someone else.
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Faerydae
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Posted: Wed Jan 16, 2013 6:51 pm 
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https://www.gov.uk/maternity-leave/overview

"Your employment rights are protected while on Statutory Maternity Leave, but your employer is allowed to contact you to ask when you’re planning to return."

Your right to go back to the same job depends on when you return. If you return after:

the first 26 weeks you have a right to the same job with the same terms and conditions
the last 26 weeks your employer must offer you the same job or another role with the same terms and conditions


so if you're in the second lot of 26 weeks, if the job they've offered you is similar with very similar hours then they ARE actually allowed....
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jennatay
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Posted: Wed Jan 16, 2013 6:54 pm 
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i was part time before i left and now they are tring to get me to do full time hours
Faerydae
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Posted: Wed Jan 16, 2013 6:56 pm 
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that's not the same T&C's then so I'm sure you could do something, I'd suggest paying a visit to citizens advice bureau and see what they suggest because they'd have to at least give you the same hours with the same pay
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jennatay
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Posted: Wed Jan 16, 2013 6:58 pm 
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thank you for your help i think i will ring them and see where i stand
Banoffee
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Posted: Wed Jan 16, 2013 7:28 pm 
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Contact ACAS they are the body behind employment rights and arbitration. They have a website and will be able to answer your query over the phone but they are no longer a free phone number!
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