It is common for employees who have returned to work after having children to feel uncertain about their rights, their working pattern, and how to raise concerns. When your hours have changed over time and you have a long service history, it can be difficult to know how to approach issues with your employer or what you are entitled to ask for. Gaining clarity on the legal framework can help you raise matters confidently and constructively.
Understanding the issue or context
Many employees reduce their hours after maternity leave and then gradually build them back up as their circumstances change. After several years, it is natural to wonder whether your hours can be reviewed, whether you can request changes, or how to address concerns about your working pattern.
Common sources of confusion include:
- whether part-time hours can be increased
- whether you can request a different working pattern
- how flexible working rules apply after returning from maternity leave
- how to raise concerns without damaging the employment relationship
Most people simply want clarity on where they stand and how to approach their employer in a way that is fair, lawful, and recorded properly.
The legal rules or framework
Several areas of UK employment law are relevant when an employee has returned part-time after having children:
Flexible working rights
Employees with at least 26 weeks’ continuous service may make a statutory flexible working request. This can include requests to:
- increase or reduce hours
- change working days
- alter start or finish times
- adopt a different working pattern entirely
Employers must consider such requests in a reasonable manner, following the statutory process.
Protection from discrimination
Parents, particularly mothers returning to work, have protections under the Equality Act 2010. If an employer refuses changes or treats you unfavourably because of childcare responsibilities, this may raise questions of indirect sex discrimination, depending on the circumstances.
Protection of established working patterns
If you have been working a particular pattern for a significant period, it may have become your contractual pattern through custom and practice. Any proposed changes by the employer should follow a consultation process.
Right to raise concerns
Employees are entitled to raise workplace issues, and doing so in writing creates a clear record. Written communication can help avoid misunderstandings and ensures your concerns are documented.
The key point is that UK law provides structured routes to request changes and safeguards to ensure requests are handled fairly.
Practical steps to take (step-by-step guidance)
- Identify the specific concern
Clarify whether your worry relates to hours, workload, flexibility, treatment on return, or progression. Being precise helps structure the conversation. - Review your contract and recent correspondence
Check what your contractual hours are and whether they reflect your current pattern. - Consider whether a flexible working request is appropriate
If you wish to increase or adjust hours, a formal request may be the right route. This must be considered properly by your employer. - Put your concerns in writing
A calm, clear written note to your employer helps create an accurate record. State the issue, the impact on you, and what outcome you would like to explore. - Request a meeting
A meeting allows both sides to discuss options constructively. Written communication and a meeting together demonstrate a reasonable and engaged approach. - Keep records of all discussions
Retain copies of emails, meeting notes, and responses. This helps if matters later need clarification. - Seek early guidance if uncertainty remains
If there is disagreement or the process becomes unclear, a fixed-fee review from a solicitor can help you understand your position before you take any further steps.
These steps give you a structured way to move from uncertainty to clarity about both your rights and the next conversation with your employer.
Common pitfalls to avoid
- Not putting concerns in writing
Verbal discussions can be forgotten or misunderstood. A written record protects both sides. - Assuming nothing can change because you are part-time
You may still request adjustments or increases in hours. - Waiting too long before raising issues
Early clarification prevents small concerns from becoming larger problems. - Assuming your employer knows your situation
Stating your concerns clearly helps them understand the support you need. - Overlooking your flexible working rights
These apply regardless of whether the changes relate to childcare responsibilities.
Frequently Asked Questions
Can I request more hours after returning part-time?
Yes. You can ask informally or through a statutory flexible working request. Your employer must consider the request reasonably.
Does long service strengthen my position?
Long service often demonstrates commitment and reliability. While it does not guarantee a particular outcome, it can support constructive discussions.
What if my employer refuses to change my hours?
They must have a business reason permitted under the flexible working rules. You can request written reasons for the refusal.
Does my employer have to meet with me?
Yes, if you make a statutory flexible working request. Even outside that process, most employers will meet to discuss concerns.
Can I raise concerns without making a formal complaint?
Yes. A polite written note requesting a meeting is often the best starting point.
Do I need a solicitor at this stage?
Not usually. However, if your concerns involve treatment on return from maternity leave or potential discrimination, a solicitor can help clarify your position.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.