Problem returning from maternity leave

[twinpowers]

I've been off work for 8 months on maternity leave. I wish to return early (before my originally agreed 12 months) and have written to my employer.

 

 

owing to childcare availability, I can only work part time rather than the full time I used to work.

 

My employer has told me this is unacceptable and the needs of the business come first.

 

They have given me a choice of return full time (and i dont know who would look after my children in that instance - twin boys BTW who should go to the same nursery - hence limited options) - or leave work.

 

 

What can i do?

 

Can they do this legally?

 

Please can someone help. i dont want to leave the company nor return on sour terms

[MrShed]

How long did you work for them prior to going on maternity? Needless to say, this is digusting behaviour, and I believe it is illegal, but it may depend on how long you have been with them. Who specifically at your employer has told you this? Can you take the matter higher?

[LondonPam]

There is a good advice guide here Parental rights at work

covering maternity leave etc. Hope it helps.

[twinpowers]

Thanks MrShed & Pam.

 

The link Pam sent me states that I have no right to return on a PT basis, only that I have the right to ask for it.

 

I've been with my company - a local Council for over 3 years and have never had any issues regarding performance.

 

The person who has given me this ultimatum is a member of senior management - although their are higher tiers of management - although i'm not sure if they'd want to contradict their delegated authority.

 

I'll try the CAB - but have heard that they can be very vague and may not wish to advise against local govt offices.

 

Any more advice from the good people on here is most welcome.

[MrShed]

Even worse IMO is that it is a public sector company who is doing this. Some things maybe to ask:

 

- Is there any possibility of making the position a jobshare?

- Is there any scope to moving positions to an available part time position in the same department/company?

- Is there any scope to working different shifts to the standard 9-5(I realise this is both a) unlikely as it is a council and b) inconvenient, but still worth asking - shows you are willing)

 

When I worked at Tesco, they would bend over backwards to do anything they could for a returning parent, and so maybe this is why it shocks me that others will not.

[spartagates]

The key to this is you making a reasonable request. Make it in writing. Get their reply in writing and then move from there.You are VERY empowered as a mother. An employer MUST make reasonable attempts to accomadate your needs. Let them huff and puff. Get their final decision in writing. Then use the union to sue them to bits if they still play hard ball.

[MrShed]

If he is telling you you must work full time or leave, you may well have grounds for unfair or contructive dismissal if you do subsequently leave. I would also be looking closely through your contract of employment for anything to do with this. Which council is it?

[S. James]

Theemployer appears to be risking incurring liability for indirect sex descrimination. However, like most matters of law, it is not that straight forward or simple. There is a specific process and your employer may be justified in a refusal if the same can be objectively justified i.e. the needs of the business.

 

You have a greivance procedure which should be used. Be cautious of CAB's as the quality (if any) varies and it really is a question of the luck of the draw when you visit those places.

[JonCris]

Should it go so far & have to resign I suspect an Employment Tribunal would be very sympathetic to you as your employer is placing you in an impossible situation..... look after your twins & lose your job or don't look after them & spend all day worrying. I find it difficult to think a local authority can't accomodate you at this time. After all they find plenty of other excuses not to be there when needed (sorry so & so is on a course)

 

As has been stated they seem to be placing themselves in the position of you being able to claim not only constructive dismissal but also sex discrimination which could cost the local tax payers a packet (I do so wish it came out of their own pockets)

 

Also don't forget you need to bring a claim in an ET within 3 months of the refusal/incident

[twinpowers]

thanks to you all for youe support. i'll let you know how things pan out.

[JusH]

Re: Childcare availability

 

Try you local children's information service - info via ChildcareLink For National and Local Childcare information

 

Support to pay towards this cost via revenue and customs and childcare element of Working Tax Credit - do you qualify - - check here

 

If you don't qualify (like many others - needs reviewing) if your employer offers childcare vouchers you could save money this way.

[chesham]

Hello!

Employees (male or female) have the statutory right to make a request to adopt flexible working arrangements to care for child.

To be eligible for such a request, the employee must:

- have a child under six, or if the child is disabled, under 18

- have been continuously employed for at least 26 weeks prior to making the request

- be making the request to enable them to look after the child

- have responsibility or expect to have responsibility of the child

- be a biological parent, guardian, adopter or foster carer of the child

- be married to or be the partner of and/or live with the biological parent, guardian, adopter or foster carer of the child; and

- not have made the same application within the previous 12 months

Employees making an application to work flexibly must do so in writing, stating:

- that the application is being made under the statutory right to request a flexible working pattern; and

- that they have responsibility for the upbringing of the child and they are either the mother, father, adopter, guardian or foster parent, or is married to, or is the partner of, the child's mother, father, adopter, guardian or foster parent

- the flexible working pattern they are applying for and the date they would like it to become effective

- what effect, if any, they think the proposed change will have on the employer and how, in their opinion, any such effect may be dealt with; and

- whether a previous application has been made to the employer and, if so, when it was made.

The employer has a legal obligation to consider any request to work flexibly and within 28 days it must hold a meeting with the employee to discuss the application and any possible compromises. The employee may be accompanied at this meeting by a fellow worker, a full time trade union official or a lay union official who has been suitably trained. The employer must notify the employee of its decision within a further 14 days.

An employer may refuse the request only when there is a clear business reason. The business grounds for refusing an application must be from one of these:

- burden of additional costs

- detrimental effect on ability to meet customer demand

- inability to reorganise work among existing staff

- inability to recruit additional staff

- detrimental impact on quality

- detrimental impact on performance

- insufficiency of work during the work period proposed

- planned structural changes

An employee can appeal against a refusal within 14 days in writing. If this is made, the employer must hold an appeal meeting with 14 days of the appeal being lodged, i.e. received.

An employee can present a complaint to an employment tribunal on the grounds that the employer has:

- failed to comply with it's statutory duties in relation to the employee's application to work flexibly

- based it's decision to reject the application on incorrect facts

The employee must first exhaust the employer's appeal process, and make the complaint to the tribunal within 3 months of either the date on which the employee was notified of the appeal decision or the date on which the alleged breach of the employer's duty was committed.

Please note, the tribunal cannot order an employer to make flexible working arrangements, however the employee can still sue for indirect sex discrimination.

I hope this information helps!!

[james141]

Not havinga dig at anyone but personally I think some of these laws goto far. Admitidly a big company like a council should be forced to accomidate you but just imagine a small company with 5 people, is it fair that a whole company might possibley suffer including the other 4 people there because it is inconvenient for you to carry on doing what you originally joined the company to do?

[chesham]

This is the problem (or advantage) with law. It would get complicated if there were (more) exemptions to every rule for small companies, medium companies, large companies etc.

 

Small laws are the same as big laws - they are there to provide protection for everyone, not just those who work for bigger companies. If there is a company of 5 people, they should still have the same rights as a company employing 5000 people...I think it's fair? (although maybe slightly OTT, the world is full of too much law, I agree!)

[cadencealex]

I have twin boys due on the 21st December and a 1 yr old girl. I could not afford the childcare for all three so will be a full time mum here at home, but to be honest, I would like to work part-time at least.

 

I don't work for an employer, but I do have to give up my wage to pay staff to cover our shop.

 

I know that in alot of companies, parents are entitled to 'flexi-hours' - and it's tough on the company!

 

Even fathers are entitled to flexible working hours.

 

It is disgusting how they are trying to treat you, and most unfair.

 

I hope you get this sorted - why should you be penalised for starting a family?

[kirky]

Thanks MrShed & Pam.

 

I've been with my company - a local Council for over 3 years and have never had any issues regarding performance.

 

DISGUSTING! I work for a local authority and they have a "Work/Life Balance" policy. If no joy with your line manager, speak to someone high up in Human Resources, who have all the know how about policies and procedures when it comes to employment. I would guess that the least they can do is consider redeployment for you. Contact your Union rep (if you have one) and involve them in negotiations.

Let me know how you get on.

[fairclaire]

look into what your employers policies are.

 

most large organisations such as councils etc have family friendly policies and will look pretty silly if they go against them

[poppynurse]

I work for the NHS and we too have family friendly policies - but there is a limit to how many people can have family friendy hours - the needs of the service do have to be considered. We have several 9-3 nurses and I have to say it does cause some resentment as the rest of us have to cover nights weekends etc.... and before I get shot down I do have three kids myself....

[JonCris]

Yeah but what age poppy