Maternity Rights

[puzzledmind76]

Hi, I hope that you can help. My wife recently returned to work from maternity and wanted to reduce her hours. She was told by her manager that the company policy was that if she wanted to return to work full time that was no problem, but if she wanted to reduce her hours she would need to resign from her post and return as a temporary member of staff. She has since done this as she was given no choice. Any rights she previously had such as annual leave and sick pay has also been taken away. She gets annual leave but is only paid is she has worked so many shifts before it.
I'm sure this is illegal but any advice would be much appreciated.

Thanks

[des8]

Re: Maternity Rights

On returning to work after maternity leave there is no automatic right to part time working, which I presume is what your wife is now doing.

If she is a temporary worker has she been given a fixed term?
UK employment law makes no distinction between ‘permanent’ and ‘temporary’ employees. To qualify for various employment rights, however, employees must have served a minimum period of continuous employment with their employer. IMO it seems your wife has been continuously employed.


Temporary employees in general terms should not be treated less favourably than permanent employees. This means that employees will have broadly the same rights to statutory redundancy payments, written reasons for dismissal and the right not to be unfairly dismissed as permanent employees.

I'll leave it to others more versed in employment law to advise better.