My feed
Premium

Please
or
to access all these features

Chat with other users about all things related to working life on our Work forum.

Work

Work are increasing my hours from 12 hour contract to 22

10 replies

MotherGoose17 · 08/07/2015 19:38

I have a six month old baby and went back to work on my current 12 hour contract two weeks ago for financial reasons. If I refuse the new hours I'm effectively ending my employment so would I have to pay back my maternity leave? I can't work 22 hours a week because of child care and other commitments with my studiesstudies but mainly I don'tt want to miss that much time away from my baby ... Advice please

OP posts:
Report
MotherGoose17 · 08/07/2015 19:38

Thanks

OP posts:
Report
Lucked · 08/07/2015 19:46

How much more was your contractual maternity pay over and above statutory maternity pay as you would only repay the difference.

Report
MotherGoose17 · 08/07/2015 21:06

I'm not atall sure how would I find this info? Thanks for your help

OP posts:
Report
MotherGoose17 · 08/07/2015 21:43

So anyone else at work if they don't sign new contracts they are just let go. If I don't sign the new contract I am let go and have to repay anything over and above statutory maternity pay... Even though if they hadn't raised my hours I'd be able to stay. Is it really OK for an employer to do this?

OP posts:
Report
flowery · 09/07/2015 08:34

What do you mean you are "let go"? You mean they are planning to just dismiss anyone who won't agree to the change?

Does your contract contain anything allowing them to do this? How long have you been employed there?

Report
MotherGoose17 · 10/07/2015 00:06

Four plus years :-( I went to a meeting about it today and they basically said agree to working the increased hours or you'll have to leave because you won't be ablento fulfill the terms of the new contract and also need to pay back anything I was paid over the statutory maternity pay. I'm a full to e student also ... I think I have about £200 in my account so god knows how I'm going to do that :-s
I thought I would be able to manage just going back for one long day a week. Obviously I would
Not have taken the maternity pay they were offering if I didn't think I would be able to go back. I live pay day to pay day and earn very little money even though I budget carefully each month. Every spare penny I have is spent on my little girl. I have no savings

OP posts:
Report
MotherGoose17 · 10/07/2015 00:17

It is not related but to give you a picture of how in touch with maternity/ family friendly/ return to work my place of work is... My first shift back was for twelve hours (I had asked for split shifts but they said that was no good to them despite other people working split shifts the day I got back and on subsequent shift) also I informed my manager that I was still breast feeding and would need to express when I returned to work. The day I came back I was shown to a toilet cubicle in a locker room/ cleaning cupboard and told I would be able to store any milk in a 6 degrees fridge. Any breast feeding mum that has had to throw away milk will understand my devastation.

OP posts:
Report
JassyRadlett · 10/07/2015 00:35

I would call ACAS first thing in the morning. It sounds like they may be on very shaky ground on a number of fronts.

Here's what gov.uk says:

Making a change without agreement
If an employer makes a change to a contract without getting agreement (including by using flexibility clauses unreasonably), employees may:

  • have the right to refuse to work under the new conditions
  • say that they’re working any new terms under protest, and are treating the change as a breach of contract
  • resign and claim constructive dismissal
  • be able to take a case to an employment tribunal
Report
flowery · 10/07/2015 10:23

I would suggest you write to them saying you've taken advice (WinkGrin) and you understand that your consent is needed for them to change your terms and conditions in this way. You are not able to give your consent to their proposed change and you consider that if they dismiss you for refusing consent this will constitute unfair dismissal.

And speak to Acas as well.

Report
MotherGoose17 · 10/07/2015 12:54

Thankyou so much for your help I will ring them as soon as possible :-) x

OP posts:
Report
Please create an account

To comment on this thread you need to create a Mumsnet account.