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HR Advice please?

(23 Posts)
Hayhay123 Sun 17-Jul-16 13:13:43

I'm dreading telling work I am pregnant. I work in a team of 24 as a full time team leader. Above me is a director, head of ops and a manager. All are self proclaimed unmaternal career driven women in their 40s. They do not take kindly to part time workers (recently two new mothers were made redundant)
This will be my 3rd child and I can no longer work full time when I return. I know for a fact I will be instantly demoted from my team leader position but then where does that leave me legally?
Have they to offer me a lower job to suit the part time or are they allowed to make me redundant?
I am stressing so much about this.
Thank you x

Lilaclily Sun 17-Jul-16 13:16:24

It sounds a hellish pace to work sad

I hope someone with more legal advice comes along : does your work place have a handbook that outlines how flexible working requests work ?

Heratnumber7 Sun 17-Jul-16 13:17:47

They are not allowed to demote you for requesting part time work. Are you in a union?

honeysucklejasmine Sun 17-Jul-16 13:17:51

They don't have to accept your request for part time hours. But they can't make you redundant because you had a child.

confusedandemployed Sun 17-Jul-16 13:18:00

Legally that would leave you as the victim of discrimination and with a decent case to take to an employment tribunal.

honeysucklejasmine Sun 17-Jul-16 13:18:36

Interesting ad at the bottom of this page...

Ginmakesitallok Sun 17-Jul-16 13:19:50

You are only entitled to return to your old job, but they have to consider your request for part time. If they have sound business reasons for refusing then they can. They won't have to make you redundant or offer a different job at part time.

Heratnumber7 Sun 17-Jul-16 13:28:37

I think there is an algorithm that matches ads to thread content. Too many "coincidences" for there not to be.

PigletWasPoohsFriend Sun 17-Jul-16 13:34:33

You can request part time work. As long as it is for business reasons, they don't have to agree.

FuzzyOwl Sun 17-Jul-16 13:35:07

How long do you plan to take off? If only six months, you are entitled to return to your job. If longer, it only needs to be something suitable and equivilent. However, they do not need to agree to your request to change your hours to part time.

FuzzyOwl Sun 17-Jul-16 13:36:48

And redundancy will only be if your job doesn't exist. Tbh if they refuse part time, it sounds like you will be resigning instead.

If you aren't already, it is worth becoming a member of your union.

WeAllHaveWings Sun 17-Jul-16 13:46:57

You can go back to your old job/hours. You can formally apply for part-time but they can refuse. If you cant go back full time you are then basically resigning (not redundant).

They can, but don't have to, offer you another job part-time at same or lower level if you effectively resign from your current role.

Hayhay123 Sun 17-Jul-16 13:47:50

I'm not part of a union.
We have a HR department but they work for the bosses rather than the employees so they will help find any loop hole.
They have already openly said the team leader position can only be full time.
I would be happy to return (after 9 months SMP) to a part time demoted position.
However knowing what they are like they will get rid of me unless I return full time.
So stressed about this. Many other work places do all they canto accommodate people with childcare needs etc: not this one :-(

Heratnumber7 Sun 17-Jul-16 14:09:04

If there are business reasons why the team leader can only be full time, then they can refuse your request to go part time. It's up to you then whether you accept a different job with shorter hours. That is not demotion. That is you being unable or unwilling to do the team leaders job.

Could you show them how the team leader job could be a job share? And find someone who would do the other half? That would mean it's still a full time job.

FuzzyOwl Sun 17-Jul-16 14:09:29

If you are having nine months off then they do not have to keep your job open for you; they merely need to give you another one that is the equivalent and is suitable with the same terms and conditions.

Unthoughtknown Sun 17-Jul-16 14:16:11

If you have any concerns I would recommend contacting Maternity action. They are a great source of info.

flowery Sun 17-Jul-16 15:09:14

There is no question of redundancy. You are entitled to return to the same job on the same terms and conditions (i.e. full time), or a similar one if the exact job is not available.

You are entitled to request to do your job part time, but they can refuse if they can give business reasons why this is not possible. If you want to return part time I suggest you start thinking about how your role could be done that way.

If they refuse your request to go part time, you can either return full time, resign, or apply for other part time vacancies (assuming there are any).

If there is a vacancy available for a lower role on the hours you want, you are not automatically entitled to it, but they couldn't refuse to give you the role to 'punish' you for wanting to go part time.

PigletWasPoohsFriend Sun 17-Jul-16 15:18:24

They have already openly said the team leader position can only be full time.

Then by all means put in your request but if they have a business reason then they have every right to refuse it.

WeAllHaveWings Sun 17-Jul-16 15:54:22

HR department but they work for the bosses rather than the employees

Of course HR always works for the employer as they are the ones that employ them. They are not being a flexible employer, but if they have decided it is better for their business to not have part time employees rather than encouraging staff retention by being flexible, there is not much you can do other than put a formal request in for part time, and make a decision based on their reply.

DrLockhart Sun 17-Jul-16 16:13:06

You are catrasophising something that hasn't even happened yet, so stop and take a breath.

Firstly, you need to decide when to tell them you're pregnant. You don't have to do this straight away. You can wait until you start showing or even your 20 week scan. If from that point you believe you are being treated differently because of your pregnancy, start making a diary of evidence and speak to HR.

Whilst HR may be perceived by the employee as working for the employer, most HR personnel advocate and mediate constantly between management and employees, and ultimately their professionalism would be brought into question if they ignore blatant discrimination.

Secondly, why are you worrying about your job and something that may or may not happen in potentially 12+ months time (assuming you are 3 months now)? Businesses change, people change, who knows you might even change, and want to return full time...

Take stock in the fact that you are legally protected whilst pregnant.

Employers shouldn't be asking your plans after you've had the baby, so if they ask (they shouldn't) reply with a blanket answer of "I haven't decided what I'm doing yet, I have 9 months to decide".

Request the flexible working policy closer to your leave date and when you know where your at after your baby, you can decide from there.

Congratulations by the way.

Hayhay123 Sun 17-Jul-16 18:54:02

Thank you all for the advice.
I realise I am thinking way too in advance but where I work is very 'clicky' 'bitchy' and 'back stabby'
I work there currently because the pay is good and I like my team that I work with.
There's no way I will be able to work full time with three kids and a husband who works 200 miles away (he's only back 2 days per week)
And my parents are elderly now.
I'm just a worrier- my main concern being that my mortgage can be paid.
I'll probably wait until 20 weeks to tell anyone.
Thanks again.

DragonsEggsAreAllMine Sun 17-Jul-16 19:37:03

You have the right to return to the same job and hours if you take normal maternity leave not the extra on top.

If you chose to not want to return full time they are under no obligation to find you another role or to make you redundant. You would simply give your notice in. It's not a redundancy situation.

Don't rule out full time, it just takes a bit of juggling and reliable childcare. You're doing it now with two so one extra isn't going to be that much different.

Hayhay123 Sun 17-Jul-16 20:03:48

Ok thank you. I think I'm going to think about leaving and attempt to find a new (part time) job.
I've worked full-time for 17 years now and missed out on a lot with my current two children. I put a lot of pressure on my parents making them look after them. So it's Defo not an option to carry on full time with three. From working full time I literally have one friend (the rest are work friends) I am stressing about this every minute of the day. If it comes to it the house could go up for sale as a worse case scenario.
Thanks for all the advice people.

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