Advice & Support

Maternity cover taking my job: ask the expert

Maternity cover taking my job: ask the expert

I run a small company, of only myself, within a larger organisation. My colleague, who also ran a company of one, was made redundant just before I went on maternity leave. He then became my maternity cover, employed as a consultant. I was due to return to work this week, but was called last week into a redundancy consultation. They told me that my cover outsourced some parts of my job while I was away, and that they are changing some other parts of the job so now it will require a new skillset. I see no reason why I would be incapable of implementing any changes and doing the job. They said that it would not be possible to have two people in the job. As I’m in the redundancy meetings, it is clear that my maternity cover (male, grown-up children) will be taking over my job. He is now a consultant, so having him leave would cost nothing, while I have been there 13 years and due redundancy. A few months before I was due to return to work I spoke informally to the CEO about me returning part time and partly from home and he was happy for me to do so. My maternity cover worked part time and partly from home while I have been on maternity leave. This can't be legal?

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Job taken away on return from maternity leave: ask the expert

Job taken away on return from maternity leave: ask the expert

I have just gone back to work five days ago after additional maternity leave and found out my job is no longer available for me, and from office job as a clerk they moved me to a warehouse job, stocktaking. My old job is no longer a full-time job and somebody else is doing in the meantime in addition to other duties. However, I asked a while ago for a part-time job and they told me it was a full-time job. I feel so upset. If I had known all this, I wouldn't have come back from my maternity. Should they have let me know about changes before I started or is it right to tell me on my second day back at work?

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Pregnant during unpaid part of maternity leave: ask the expert

Pregnant during unpaid part of maternity leave: ask the expert

I am on maternity leave and have just found out that I am pregnant again. My relevant period is when my SMP will have stopped so therefore I won't qualify for SMP for my next period of maternity leave. Now if my employer agrees to pay me my accrued holiday pay during the relevant period then would this count as earnings for the purpose of SMP calculations?

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Rights over cut in hours: ask the expert

Rights over cut in hours: ask the expert

Returning to work after my maternity leave, my employer cut my hours due to loss of business. She said it is a small business, I lost customers etc. I had no choice but to accept the new hours. After a short while I noticed my maternity cover was still working there. When I mentioned that, she said she didn't give her enough notice, and as I was taking my 2 weeks summer holiday she had to keep her for a couple of months. The way she talked with me, I had no chance to argue. After a couple of months, the manager retired and and my boss gave the manager's hours to my maternity cover and made her the manager. She gave me a chance to apply for the position too, but because I have a baby now I wouldn't be as flexible as I used to be, so I couldn't get the job. My maternity cover is very flexible, she would cover any time and any day, whereas I can only work maximum 3 consecutive days as my mum looks after my baby. My boss cannot give me enough hours so I could afford a childcare. My boss is trying to give me a couple of hours here and 4 hours there all over the week. I have tried my best to arrange the childcare and have been as flexible as possible, but recently my husband changed his job and I can no longer do one of the couple of hours during the week and everything kicked off with this. And then she asked me to cover her for her hospital appointment, but I couldn't accept it as I had no childcare that time. She was fuming and now is trying to dismiss me because I can't be flexible any more. She has also cut more hours with my new contracted hours which was only verbal. Do I have any rights, or has she got right to dismiss me because I have childcare problems and can only do my set hours on two consecutive days?

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Haven't heard back after flexible working request: ask the expert

Haven't heard back after flexible working request: ask the expert

I am currently on my 27th week of maternity leave I am due to return to work once my SMP ends. I made a request to my employer for flexible working hours a month ago. As of last week I have had no response and have issued another letter to chase a response as I need to book a plc at nursery etc. I have heard through employees that there was a contract review which was lost. At this time all employees were informed and there was an informal mention of redundancy. I have since been informed by a colleague that they have had a subsequent meeting to confirm there will be another contract review in January and no redundancies at this time. My question is this: What should I do re my employers lack of response to my requests (I assume they are waiting to review the work in a few weeks)? Also are they allowed to completely ignore the law and not respond until they want to? Can I be made redundant (I assume it would only be 1 or 2 jobs lost) and as the whole department will not be closing should I still have a job to return to after OML? And a similar job after AML? Also have I been discriminated against end if I was not informed of any loss of contract which could effect my job 

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