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Employment law for women who have given birth
Rank: Super forum user
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If a junior leaves to have a child and has stated before she left she had no intention returning to work how long does her employer needs to hold her position open for her
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Rank: Super forum user
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Talk to your HR department - not an OSH problem
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Rank: Super forum user
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Derek
Alan is right but like a lot of us out here you might be wearing 6 hats.
If you have no HR google employment law you may be lucky.
Ta Alex
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Rank: Super forum user
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the H&S management regs specificially apply and also try ACAS
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Rank: Forum user
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As someone who training in HR before moving into H&S perhaps I can offer advice.
Unless you have this individuals formal resignation in writing, I would not even contemplate replacing her on anything other than a temporary basis unless you want to run the risk of ending up in an employment tribunal. An off the cuff "I won't be back after having baby" will not constitute a resignation.
The Company should have confirmed with her, in writing, the arrangements for her period of maternity leave including the expected date that she would return to work. This return to work date can be changed by the individual providing she gives at least 8 weeks notice. If she decides not to return at all, she only has to give her contractual notice.
CIPD have some good guidance which you may find helpful: http://www.cipd.co.uk/hr...ity-parental-rights.aspx
If you need any further assistance PM me and I'll try to advise to the best of my ability.
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Employment law for women who have given birth
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