Hello,
Apologies for the length of this post but feel it is important to give all the info!
I went off on maternity leave in October 2015 for 12 months (SMP only).
A new member of staff was recruited to cover my key accounts, with my smaller accounts being given to a junior member of the team. Due to the new business I had brought on board, the new team member would stay on when I came back to help ease the workload.
I went off on maternity leave feeling good about my return!
Fast forward to May 2016. I requested a meeting with my line manager to discuss my return and during this meeting I made known that I would like to explore options for returning 3 days per week. I was told this could be a challenge but we discussed options and he assured me that he really wanted me back on the team and would do all he could to support me.
Unbeknown to me, around this time he was promoted into a sales director role and was recruiting another member of staff for the team.
At the time I viewed this all as a positive, potentially allowing more flexibility for my return on a PT basis as we would have even more available resource.
I submitted my formal request for flexible working and asked for 4 days, 1 working from home. I was confident rear, given previous positive discussions and the increased resource within the team, that this would be approved without too much of a challenge. How wrong I was!
I was invited to a meeting to discuss in early August then 2 weeks later my line manager phoned to say he was being challenged by head office but would continue to fight for me & negotiate on my behalf. that call happened late on a Friday afternoon. The Monday was a public holiday and I received the outcome letter via HR at 10.30 on the Tuesday morning. Giving him around 2.5 hours of negotiating time!?
I am appealing the decision, they are stating the reasons as being impact on other team member and impact on customer demand. They gave not adequately quantified or justified this in my opinion.
I have an appeal meeting next week but I am now beginning to think they haven't wanted me back all along.
A few things have happened since I left, leaving me a bit suspicious:
-New full time member added to the team (now an all male team)
-Line manager promoted but the 1st I knew of this was when I saw his new job title in a newspaper article about the company.
-My name was given in a complaint / grievance between other members of staff and I was accused of speaking inappropriately about a manager who has since left the business). This was untrue.
-Following a c-section I received a formal letter stating the date by which I could drive my company car (the doctor has told me that would be his call, I was insured to drive once he had signed me fit).
-My boss giving me the (false?) impression that there was no rush and that they would accommodate my return.
-I was in the office for the meeting and I no longer have a desk, nor a place to sit. All my files had been boxed up and put in a meeting room.
-the person who took on my accounts described me as "his PA"
Am I suspicious to think they didn't want me back after all?
Once the appeal process has been exhausted, could I resign siting unfair/constructive dismissal? Is there grounds for indirect sex discrimination?
I am the only employee to return from maternity so there is nothing to compare to.
I gave spoken with acas & citizens advice but should I get help from an employment lawyer (money is a bit tight at present!)
Any advice much appreciated and apologies again for the lengthy post!
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Flexible working request refused - what next?! Advice please
6 replies
mrsw1977 · 19/08/2016 10:59
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