FlowerytaleofNewYork I need your HR help again please. (long)

[gingerninja]

You may remember this recent thread where you gave me some great advice.

The situation has become a little clearer and I need some further advice. If you have the time I'd be very grateful.

Basicaly I was told today that the 2 positions that would become one will be filled from the pool of people that are currently doing the role, I am one half of a job share, the other half being on maternity leave and there is a full timer.

I was also told that the proposal was that this was going to be a full time position and would not be available for job share. The reason being, apparently, that it offers continuity and consistency (although I argued that during times of annual leave or sickness there is always a part week covered with two part timers) Personally I feel this is an excuse and that the real reason is that we (as a job share) present an obstacle as my partner is on mat leave and I'm due to go at end of Feb and the full timer is the easier option. My manager as good as admitted that.

I asked our HR director if there was special dispensation for my partner as she was on mat leave and he said no they were just under an obligation to treat her fairly. I was kind of relying on the fact that her being on mat leave may give me additional protection but I feel like I'm left with no option than to take a voluntary redundancy if this is the case (if it becomes compulsory as part of a selection process then I'm not entitled to anything as have been at the company less than 2 years.

Also not worth taking mat leave early if it reduces my pay when I could be earning 100% until the end and it won't offer me any added protection anyway.

Do you have any advice? Thanks so much

[gingerninja]

Are you around Flowery?

[flowerytaleofNewYork]

Well your HR Director is wrong if he says your colleague on maternity leave gets no extra protection. As we discussed previously, that's not the case, and if there is a suitable role, it must be offered to her.

Having said that, she would have to be the one to fight it, both in terms of getting them to accept those rights and also fighting the issue about whether the role is a suitable one or not, based on their desire to have a full time person not a job share.

I'm not saying she wouldn't be successful at all, particularly if the two of you have been demonstrating that you fill a full time role as a job share effectively. But based on your previous comments, it doesn't sound like an argument she is particularly interested in having.

So it may well be best for you to take the package you are being offered, yes. Agree in that case you should stay at work as long as you can. When it comes to negotiating the package, make sure they are aware they must pay you your SMP on top, assuming you are still employed at 25 weeks.

[gingerninja]

Thanks flowery it's so frustrating being beholden to her decision. Thanks for your time again