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Safety Man 1  
#1 Posted : 05 October 2013 07:50:03(UTC)
Rank: Super forum user
Safety Man 1

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
Alan Haynes  
#2 Posted : 05 October 2013 08:21:19(UTC)
Rank: Super forum user
Alan Haynes

Talk to your HR department - not an OSH problem
alexmccreadie13  
#3 Posted : 05 October 2013 13:55:41(UTC)
Rank: Super forum user
alexmccreadie13

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
bob youel  
#4 Posted : 07 October 2013 07:08:17(UTC)
Rank: Super forum user
bob youel

the H&S management regs specificially apply and also try ACAS
fscott  
#5 Posted : 07 October 2013 10:21:11(UTC)
Rank: Forum user
fscott

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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