Can I work part-time/a different pattern after my maternity leave? Can my employer refuse to let me do this?

You don’t have an automatic right to work part-time or change to a different pattern after your maternity leave. But you do have the right to ask to change your hours or pattern of work and your employer should consider your request seriously. Depending on what rights apply, they may only be able to refuse if they have strong business reasons.

You have two rights which can help you get the work pattern which suits your family.

One is the right to request flexible working.  You have this right if you have been employed for at least 26 weeks (your maternity leave counts towards this time). If you use this right, your employer can only turn you down for certain business reasons.

The other right uses sex discrimination law. If you are refused part-time work or a different pattern of work, you may be able to show that your employer’s insistence on working your original pattern puts women at more of a disadvantage than men. This is called indirect sex discrimination. If this affects you, your employer may have to change things, unless they can justify their insistence on full-time work (for example) because they really need it to run their business.

It is a good idea to approach your employer informally first, by talking to them, and then see if you need to use the rights above. Don’t leave it too late – it can take a long time to negotiate a pattern which suits you both, so you should try to start the process well before you are due to return to work.