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Return to work post maternity leave

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  • Return to work post maternity leave

    The other day one of my daughters came to me with a query, which I now post up to hear other LBs' opinions.

    She is currently on maternity leave, and returns to work mid September.
    She is a nursery nurse and employed by the same company for 5 or 6 years.
    She is aware that on return she is entitled to return on same terms and conditions as previously enjoyed. This is confirmed in the staff handbook: "You are entitled to return to your original job ............. However, if this is not reasonably practicable, you will be offered a similar role on no less favourable terms and conditions."
    Her current hours of work (as stated in her contract) are Monday, Wednesday, Thursday and Friday 9am to 1pm.

    Her children attend the nursery, for which she pays, when she is at work.
    She has one other child at primary school.

    She has been informed verbally by her employer that her hours are to be changed to Monday and Wednesday, 9am to 6pm because there was no room for her daughters on her old hours.
    Her deputy however has said that the reason was staff scheduling difficulties, and that she has no rights and she has to work the hours they require!!!! (foolish thing to say to a daughter of a beagle:beagle2222

    Because of the need to collect her eldest from school mid afternoon it is basically impossible for her to work the new hours.

    Her contract has a variation clause: "The company reserves the right to make reasonable amendments to your terms and conditions of employment. Any changes or amendments to the terms of your employment will be confirmed to you in writing within one month of them taking effect"

    Now I understood such blanket variations were of no effect, and that the variation term must be about something specific eg Hours, pay etc. (This was confirmed on CAB website)
    However or reading the ACAS site I came across this quote "The flexibility clauses may be quite specific or they may include a general power to allow the employer to change the contract terms."

    So is a variation term in an employment contract that allows the employer to make any changes that they like to the contract enforceable?

    I am suggesting she writes to her employer, objecting to the change and explaining why, but continue to work "under protest" to see how matters develop.

    What do others suggest perleease?
    Tags: None

  • #2
    Re: Return to work post maternity leave

    Short answer is no!

    They simply can not change express terms, they can only make changes to terms such as expenses, annual bonuses etc (discretionary terms i call them), but expressed terms need consent to be changed, other wise they could simply change the whole dam contract without the need of consent at all. Which would defeat the purpose of the need for a contract, and the basic contract principles of offer, consideration and acceptance!

    As for the offer of less hours, well that's not the same terms and conditions, nor is it offer of a role with same terms and conditions. Also if her kids are at the nursery already, why can they not be accommodated now (or where they taken out of nursery whilst on maternity? Not that it makes any difference)! Basically the employer is in breach of contract and committing sexual discrimination by not allowing her to return to the same or similar role with the same terms and conditions!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Return to work post maternity leave

      I agree on this, the employee returns on exactly the same terms and conditions as though they never left

      The only exception will be if the job description /roll has been made redundant

      That is obviously not the case with this and clearly a breach of contract, the Equality Act 2010 and Employment Rights Act 1996

      You need to work under protest or you will have been deemed to accept that contractual change
      Last edited by judgemental24; 11th August 2015, 21:30:PM.

      Comment


      • #4
        Re: Return to work post maternity leave

        Thanks both for your input.
        Will advise daughter accordingly

        Comment


        • #5
          Re: Return to work post maternity leave

          Daughter advises she visited her workplace today, and being forearmed had an "interesting" discussion with her boss, and will be returning to work on the same terms as when she commenced maternity leave!
          She sends her thanks, as do I.

          Comment


          • #6
            Re: Return to work post maternity leave

            Teamwork in action! 😉

            Comment


            • #7
              Re: Return to work post maternity leave

              Glad it's sorted xx
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: Return to work post maternity leave

                Wish all employers would back down and roll over for a tummy rub as easy as this one did... Though i'd probably wouldn't give them the tummy rub, that be just sick lol.
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment


                • #9
                  Re: Return to work post maternity leave

                  TB, you haven't met this daughter.
                  Only 5'4'' but I wouldn't want to cross her.

                  Comment


                  • #10
                    Re: Return to work post maternity leave

                    Being a royal pain in the arse myself, i would advise her to record everything in case her employer is a spiteful ba$tard which many tend to be when confronted with someone who requires their rights to be respected.

                    If it comes to nothing then that's great but if not notes etc are invaluable.

                    M1

                    Comment

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