Maternity - Return to work

[cookiemonster99]

Hi Everyone,

My partner is coming to the end of her maternity leave. She contacted her employer on the 20th October by email to request going from full time employment to part time employment when she returns.

It has now been three months since they had the email. Is there a legal requirement or a requirement in general as to when the employer has to respond to this? As we are trying to secure childcare obviously she needs to know earlier rather than later if this is possible otherwise look for employment elsewhere. She has been there for a number of years.

They sent a response stating we will be in touch about this in February when we are ready. She is due to go return to work in March so they are not being very forthcoming in allowing her to plan childcare in fact it is now becoming almost impossible.

What are her options regarding this please.

Thanks in advance!

 

[Bob Morgan]

Have you tried speaking on the telephone?

 

[HFE Signs]

Sometimes it’s very difficult to create a part time position, maybe they are trying to fine a way to shuffle things around to make it work for you. It’s too early to guess, best option is to arrange a meeting to discuss options with them face to face.

 

[NicoJ]

They have to make a decision within 3 months of receiving the request (per ACAS website).

 

[Lisa Thomas]

@Newchodge

 

[Newchodge]

Did she make a formal request, giving the information required (see here https://www.acas.org.uk/flexible-working-request-letter-template) or did she just send an email saying that she wants to work x hours not y hours?

 

[cookiemonster99]

Did she make a formal request, giving the information required (see here https://www.acas.org.uk/flexible-working-request-letter-template) or did she just send an email saying that she wants to work x hours not y hours?

Hi - thanks for the reply. When she sent her email request to the two directors and the external Hr rep, she did cover all the main points of the template (somewhat inadvertently) in bullet points including a suggestion to manage a different part of the business that would facilitate part time working.

 

[Newchodge]

Hi - thanks for the reply. When she sent her email request to the two directors and the external Hr rep, she did cover all the main points of the template (somewhat inadvertently) in bullet points including a suggestion to manage a different part of the business that would facilitate part time working.

Did she state, specifically, that it was a statutory request? Did she state whether and when she had made a previous request?

 

[ethical PR]

Hi Everyone,

My partner is coming to the end of her maternity leave. She contacted her employer on the 20th October by email to request going from full time employment to part time employment when she returns.

It has now been three months since they had the email. Is there a legal requirement or a requirement in general as to when the employer has to respond to this? As we are trying to secure childcare obviously she needs to know earlier rather than later if this is possible otherwise look for employment elsewhere. She has been there for a number of years.

They sent a response stating we will be in touch about this in February when we are ready. She is due to go return to work in March so they are not being very forthcoming in allowing her to plan childcare in fact it is now becoming almost impossible.

What are her options regarding this please.

Thanks in advance!

Why has she waited three months without chasing this up. She needs to make an appointment to speak to HR . Before she does she should read through the return to work policies that should have been shared with her. And information on .gov.uk re rights around flexible/part time working.

 

[cookiemonster99]

Did she state, specifically, that it was a statutory request? Did she state whether and when she had made a previous request?

Hi - She didn’t specifically use the word ‘Statutory’. This was a request made after being advised by HR to put the request in an email… Does it really matter that the words ‘Statutory Request’ were omitted despite covering all the points in the ACAS template?

 

[IanSuth]

Hi - She didn’t specifically use the word ‘Statutory’. This was a request made after being advised by HR to put the request in an email… Does it really matter that the words ‘Statutory Request’ were omitted despite covering all the points in the ACAS template?

She could try a cheeky

"I made a statutory request 3 months ago and you have not replied, i really need an answer to this ASAP" type chase.

Worse case they come back and say "oh we didnt realise it was a statutory request because xy &z" and she knows where she stands. Best case they go "oops quick just say yes before end up liable for something". It depends on the risk aversion of the directors really

 

[Newchodge]

@IanSuth is right. The rules state that the request:

What the email or letter must include​

The application must include:

• the date
• a statement that this is a statutory request
• details of how the employee wants to work flexibly and when they want to start
• an explanation of how they think flexible working might affect the business and how this could be dealt with, for example if they’re not at work on certain days
• a statement saying if and when they’ve made a previous application

Flexible working

Requesting flexible working, how to make an application, what business reasons an employer can give to reject an application and how to appeal.

www.gov.uk

If it did not include those things the employer is entitled to ignore the statutory (3 month) time limit and just treat this as an employee's request.

Of course, that means there is nothing to stop the employee making a statutory request as soon as the request is rejected.