Workingmums.co.uk - connecting mums and employers

Ask the expert: am I being pushed out?

Date: 11:31pm, 27 Oct 2008

It is not clear from your email whether you have been consulted about this change in your role or the reasons for it. However, if you are not happy about the change, you should make it clear to your employer that you’re unhappy. Depending on the reason for the move, you will also need to check your contract of employment to see if there is a flexibility clause that allows your employer to change your job role. If you do have this sort of clause, it may make it harder to challenge the move. In any event, if you haven't done so already, you should raise your concerns and put them in writing to your employer.

 
If you do end up moving to the new role, before you want to return from maternity leave you can make a formal request for flexible working. This should be in writing and should give details of the changes to hours that you are requesting and the reasons for the request. Upon receipt of this, your employer is legally obliged to meet with you to discuss the proposed change within 28 days.
 
Unfortunately, the right is only to request flexible working; your employer does not have to agree to it if there are business reasons to reject the proposal. There are grounds upon which the request can lawfully be refused, including burden of additional costs, inability to re-organise work amongst existing staff or to recruit new staff and detrimental effect on ability to meet customer demand.
 
It may be helpful for you to discuss your circumstances in more detail with a solicitor.  
 
 
 
 

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