my rights when returning to work

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unsuremother
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Posted: Wed Nov 17, 2010 6:51 pm 
Post subject: my rights when returning to work
i am currently on maternity leave and my 52 weeks end on the 5th Jan. i am a full time night shift worker. i went to see my manager about a month ago, and requested to do 2 days a week and day shifts but he told me that this isnt possible but no explaination as to why not. they told me i would hav to work over the weekend and do night shifts. My partner also works at the same place, and he also does night shifts. They cant change his shifts, and they want me to do nights which i am finding very unreasonable as i wouldnt have anyone to have the baby. child care isnt really an option for me as it wouldnt be worth while me going back to work if paying out for minders. i feel forced to look elsewhere for a job now, even though i should have my job to return to. not sure exactly what my rights are in this situation? i have worked for the company for over 4 years, and my partner has been there for 11 years, so we are both loyal employees.
MVT
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Posted: Tue Nov 30, 2010 4:29 pm 
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Hiya, sorry about the late reply and you may have already seeked advice however, your employer has an obligation to 'consider' any flexible time that you request when you have a child under the age of 16. They may not agree to it but if this is the case then they need to give you a full explanation as to why your request has been denied!

It's all to do with the flexible working act, if you google it you may get more information.

good luck
Em2289
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Posted: Tue Nov 30, 2010 6:08 pm 
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HI

Companies only have to keep the job you were doing before you left open but as MVT says they have to consider any requests you make for flexible working hours and if refused they have to give you a reasonable explanation as to why they can't fulfull your needs.
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unsuremother
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Posted: Thu Jan 06, 2011 11:14 pm 
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thank you for your replies. For anyone else that is having a similar problem- i seeked legal advice and they recommended that i put my request to my employers again, and if still no joy then to go further, saying that i can actually claim sexual discrimation. i formally wrote to them, asking that i have it in writing that they refuse me flexible hours for my situation. it took 4 weeks until i got any reply, but eventually got there and they then sent me a flexible hour application form which i filled out and sent back. again waiting a few weeks, they have arranged a meeting next week for me to go in and discuss my hours. it has been many weeks wasted as far as im concerned, and stress that i could have done without, but i have pushed and pushed and now finally seem to be getting somewhere- i think that they expected me to roll over and walk away, but unfortunetly i cant afford to leave my job. So any body that finds them self in the same boat, DONT GIVE UP! You have rights, and if they dont think they you realise it they will more then likely take advantage of it.
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