Post Maternity Leave

[missesbell]

When an employee returns from maternity leave (They were full time) and they request 30 hours to include the same day off each week and a few other requests, if this is difficult for a small business to agree to, what are the employers options besides offering their original full time job back

[boxtops]

I don't think you are obliged to vary the contract for the returning person, if it doesn't suit the business.

[boxtops]

This suggests you return to your job as it was https://www.gov.uk/employee-rights-when-on-leave

[humbersloop]

misses, it really might be worth spending a little money on advice from a specialist employment lawyer on this.

The woman concerned has the right to right to return to a job on the same, or no less favourable, terms and conditions of employment. If she's the one asking to vary that, you don't necessarily have to agree to some or all of it, but it isn't a simple either/or.

[ubasses]

http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-managing-new-and-expectant-parents/managing-the-return-from-maternity-leave/requests-for-flexible-working/

The above may help, there are quite a few reasons that they can decline with.

[bednobs]

the mother has a right to request flexible working, but does not have the right to demand it. If the hours don't suit her, she'll have to resign (and i presume if there is any occupational mat pay, pay it back if it's a condition that she serves a period After the leave finishes)
The employer would have to be sure there was a very sound reason not to change the hours though

[bednobs]

that is a great link ubassess

[humbersloop]

good link ubasses, though I'd still say talk to a lawyer.

[buildersmate]

Yes, its a damn fine link that ubasses found.
What it doesn't tell you is that you must have the EVIDENCE as to how you assessed the employee's request against those bulleted points in the link as to potential reasons why the employer might refuse the request. In that way you san demonstrate you followed a clear process against the objective criteria.
THAT is what the lawyer wiil tell you that Humbersloop is so desperate to ensure you engage.
That'll be £500 (plus the VAT) for my trouble, thank you.

[humbersloop]

Are you an employment lawyer buildersmate?? If so, I bow to your specialist knowledge - I'm sure you'll advise the op more fully on robust process and evidence later.

I'm not, nor am I //desperate// for the op to engage one. What I do know is that the potential cost of getting it wrong is a very substantial employment tribunal award against the employer who does. So the site advice at the head of the law section seems sound to me.

//Disclaimer: All Answers found here should not be taken in the stead of legal advice from a solicitor.//

[buildersmate]

At Employment Tribunal, far more cases are found in favour of the employee because the employer failed to follow a 'fair process' than are found in the employee's favour because the decision (to dismiss) was inherently unfair. It is necessary for an employer to undertake both a fair process and reach a fair decision for a dismissal to be upheld. That's the point I am making.

It's all very well knowing what the requirements are (in law) but one has to know how to apply them.

[missesbell]

Thank you to all..........