# Work advice please



## A123 (May 27, 2011)

Hello there,

I hope you ladies don't mind me posting here, I was advised by caz as there is no work board anymore.

Anyway, we are so luck to have our daughter. I gave birth last April and it was supposed to be time for me to go back to work in January. Anyway, I have been told there is no position for me anymore. This is because the hours I used to complete as part of my job are no longer enough and I am unable to give more hours to my job than I used to as I need to take care of my daughter. 

I just wondered if any of you knew what entitlements I have in this instance? Am I entitled to statatory redundancy? I have been working at my job for 5 years now. Also am I entitled to holiday accumulation throughout my maternity leave? normal holiday entitlement and bank holiday entitlement?

Or am I entitled to nothing as I am unable to complete extra hours which weren't part of my job description prior to pregnancy/birth? 

Thank you, I appritiate all of your advice greatly


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## vickym1984 (Jan 29, 2009)

It would depend a lot on your contract, but if your contract was for part time hours and its now full time, or a lot larger part time I think they may have to pay you redundancy, and regardless, yes you should be given accrued holiday pay if you leave. Ring ACAS for further advice xx


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## Nosilab (Jun 29, 2011)

Hi A123

I'm not clued up at all on all the rules and regs I'm afraid, but just a thought, you could also try speaking to Citizens Advice Bureau for more info - I'm sure they'll be able to advise.  Good luck


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## Caz (Jul 21, 2002)

I believe they cannot make you redundant as it is the job that is made redundant and not the person (i.e. the role will have to have actually been dissolved and that does not sound like this is the case). You have an awful lot of employment protection.

If they are refusing to allow you to return to your old job on your old hours (or even on slightly modified hours to make allowances for your childcare needs) then they may well be in breach of employment laws.

If you are returning within 26 weeks, they effectively have to give you your old job back as was (barring redundancy of course, which fits into the criteria above). If it's after 26 weeks, they have to offer you equivalent employment with the same conditions as before. You fit into the latter so they should either be a: looking at making your role a job share with someone else or b: finding you an equivalent role within the organisation. Either way they cannot just say "no work for you now, bye bye" as that's constructive dismissal (and a nice fat court case against them if they do  ). 
There are a few exceptions to this - i.e. if the employer can show that there really is no other way to get around it but have one full time person doing that job and that they have absolutely no other options that would be suitable - but these are highly unusual and very specific jobs that these would apply to.

Do speak to the CAB about this, and also check the Direct Gov website for advice: https://www.gov.uk/maternity-leave/overview

There is a "childcare and going back to work" area on FF too which might be helpful so I will move this thread over there in a few days for more responses. 

C~x


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## elli78 (May 22, 2011)

hi there. defo speak to acas. just because uve been on mat leave they can not take away accrued leave or just mate u redundant. ur entitled to go bk to the same job or equilavant. or luk at gov website best of luck x


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## A123 (May 27, 2011)

Hank you so much, ladies for never leaving me hanging. 

Your advice is always so welcome and written in such a friendly way - thank you.

Will research your suggestions   x


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