A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse?
Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim.
The statutory scheme is set out in the Flexible Working Regulations 2014 and the Employment Rights Act. It is supported by an ACAS Code and by an ACAS Guide.
Check that the employee’s request contains all the information necessary to amount to a formal request and that the employee has worked for you continuously for 26 weeks at the date on which they … more