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chris-hadrill-profileChris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“Am I entitled to return to the same job after I return from maternity leave?”

What your rights are upon your return from maternity leave depends upon whether you have only taken Ordinary Maternity Leave (“OML”) (the first 26 weeks’ leave) or whether you have taken Additional Maternity Leave (“AML”) (a period of 26 weeks’ leave which begins on the day after your period of OML ends).

If you have only taken OML (or have returned before the end of OML) then you are entitled to return to the same job in which you were employed prior to your maternity leave. Further, the terms and conditions under which you are employed must be the same as, or no less favourable than, the terms and conditions you would have returned to work under if you had not been absent. The only exception to this is if a redundancy situation arises whilst you are on maternity leave – however, if a redundancy situation does arise then your employer must take the usual steps to carry out a fair redundancy process (including, for example, creating a fair pool for redundancy, using fair selection criteria, applying these criteria fairly, consulting with you, and considering alternative employment for you).

If you have taken AML then you are, again, entitled to return to work in the same job and on the same terms and conditions as if you had not been absent from work. However, if you have taken a period of AML then your employer may be able to place you in a different job upon your return if there is some reason (other than redundancy) which renders it not reasonably practicable to allow you to return to the same job. In these circumstances:

  • You are entitled to return to a different job which is both suitable for you and appropriate in the circumstances; and
  • The terms and conditions must not be less favourable than they would have had you not been absent from your job

It is not the case that, should you have taken AML, you are automatically lose your right to return to your old job and are only entitled to return to a suitable alternative job – the onus is on your employer to show why it is not reasonably practicable for you to return to your previous job.

If you are returning from a period of OML and your employer states that they wish to transfer you to a new job then you may have claims for pregnancy and maternity discrimination, breach of the Maternity and Paternity Leave Regulations, and automatic unfair dismissal.

If you are returning from a period of AML and your employer states that they wish to transfer you to a new job then, if your employer cannot show that it was not reasonably practicable to allow you to return to your job, you may have (again) claims for pregnancy and maternity discrimination, breach of the Maternity and Paternity Leave Regulations, and automatic unfair dismissal.

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

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Testimonials

4.68 Average

69 Reviews

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 1 day ago

Nicola W

Fantastic service, very quick and efficient. Thank you

Posted 1 day ago

Anonymous

Excellent professional service.

Posted 1 day ago

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 week ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 2 weeks ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 1 month ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 1 month ago

Anonymous

Good advice

Posted 1 month ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 1 month ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 1 month ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 1 month ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago