Maternity Discrimination?

[BuzzyBumbleBees]

I wonder if anyone can help me.

I have been on maternity leave and I've had a couple of issues. I'll list for ease:-

1. Company hasn't followed procedure/policies with regards to my flexible working request
   
2. Company hasn't followeed procedure/policies with regards to my flexible working appeal
   
3. Company has tried to delay my return to work
   
4. Company are now stating they can accommodate my flexible working request but not immediately and therefore want me to return for 1 week at my old hours and then the flexible working will commence after the summer holidays (however they want to pay me at my new and lesser hours throughout the summer)
   
5. I am contracted to work one week outwith term-time and they are wanting to stipulate which week this should be however, it has always previously been a as and when arrangement. As long as the hours are worked throughout the year I can do it whenever.
   

I feel a bit like they are trying to push my buttons to be honest. Possibly to force my hand to quit? I don't know what I should do really...

[BuzzyBumbleBees]

Anyone?

[Babymamamama]

Is there any union for your type of work? Might be worth joining.

[BuzzyBumbleBees]

I stupidly hadn't joined and they won't get involved in existing issues.

[Whynotnowbaby]

1/2. What have they failed to do? They have clearly considered it so what is the problem?

1. Again, how have they done this? If they have told you it is more convenient if you come back in e.g. July and you want June, you just write to inform them you will be returning in June. They may not be happy but as long as you have given the requisite notice it's not your problem! If they contact you again to request you come back in July again just firmly repeat that you are coming back in June as per your previous written information.
   
2. So they have tried to accommodate your request. In my experience it is fairly common for schools or other academic environments to only be able to change things readily at the end of a term. They are accommodating your request when they could consider it and decide it's impossible. You could argue with them re the holiday pay but I think it could go either way.
   
3. They may be unreasonable here. Unless they have changed this rule for everyone who works this extra week they shouldn't be changing it for you. You shouldn't have your ts and cs changed. As pp said you should be in a union if you work in a school or college so seek advice from them. If you're not in one you need to join one asap, they will have information on their website which should help you here.

[Whynotnowbaby]

Sorry, overlapped with your response. They won't help but they should have information on their website about what is reasonable and not following maternity. Perhaps print out relevant document and write to employer pointing out that he prescribed week would represent a material change to your working conditions. The CAB can also be helpful here.

[BuzzyBumbleBees]

1. They refused it unfairly and without consideration this was proven during the appeal process.
   

They didn't adhere to their specified time-frames. They have lied during the appeal and said that "other options" weren't discussed. They were and were dismissed out of hand with no consideration but even if it were the case that they weren't discussed it states within the policy that this should take place.

1. Again didn't adhere to time-frames
   

1. During the appeals they stated they didn't want me to return on the date I had given but I could return at a later date. When I told them they couldnt actually do that they repeated that I wasn't to return until the later date. The impartial member of staff (external from my workplace) then had to step in and tell them they couldn't do this.
   

1. They were told they weren't allowed to decline my request as they didn't have grounds to do so. They haven't reached this conclusion themselves. They can easily accommmodate my request as they didn't even want me to return then so therefore have the cover which has been distributed to current members of staff. They can lower their hours doing my role at any point.
   

1. It isn't something that is being rolled out to all members of staff.
   

Thanks for your reply.

[BuzzyBumbleBees]

I should add the impartial person was hearing the appeal

[BuzzyBumbleBees]

Bumping this again

[JustMyLuckUnfortunately]

Suggest you report thread and ask to be moved to "employment" board, you may get more traffic there and there are some HR folk

[BuzzyBumbleBees]

Thank you. Will do.

[BuzzyBumbleBees]

I've asked for the to me moved now.

[BuzzyBumbleBees]

This to be*

[flowery]

I think you need to consider what you actually want to achieve here. As your flexible working request has now been agreed, I'm not sure there's a lot of point complaining that their procedure wasn't technically followed correctly, particularly in respect of timeframes. I mean, what would you be asking them to actually do about that?

It seems as though their attempt to delay your return has now been stopped as well.

In respect of (4), it's not particularly outrageous for them to want your new working pattern to start after the summer holidays. As you want the reduction in your hours to start before the end of the summer term, presumably early-mid July (and were therefore already anticipating having reduced hours & pay during the summer holidays), but they want it to start it a week or two later, you will find it difficult to argue that if they can't start it on the date you choose, they can't therefore start it until September.

It's annoying, I agree, but you are the one asking for reduced pay before the summer holidays. If you had enough maternity leave left to take you to the end of the summer term, you could then notify them that you'll 'return to work' on the first day of the summer holidays and request new terms and conditions to start in September.

I agree with you about (5). What has that got to do with your flexible working request, anything at all? How are they justifying that proposed change?