Employer not being flexible after maternity leave?

[SheWillBeLoved]

After a phonecall this afternoon to find out when I am due back at work (12th April), and discussing my part time hours - I was basically told that I'd be expected to do my 16 hours in small shifts throughout the week, as well as 2 night shifts per month.

I'm a single parent now, and they know this. Before maternity leave, I was told they'd be accommodating when I came back. As it stands, I'm one of 2 original staff there since going on maternity leave, everybody else has been driven out since new management took over.

Can they do this? Can I, as a single parent with no childcare available, be forced into doing flimsy little shifts all week as well as night shifts? Are they not supposed to be, as they said they would be, accommodating at all?

Any advice would be great before I start job hunting!

[RibenaBerry]

What were your hours like before you went off? What reasons have they given for the shift distribution?

You are entitled to come back to your previous job (or to a suitable one on equivalent terms and conditions and seniority/standing) after maternity leave.

You have the right to request flexible working - i.e. changes to your working hours or other practices. They have the right to refuse, but only on good business grounds.

In terms of your rights, they are the same for all parents, so being a single parent or availability of your childcare won't directly affect things.

[SheWillBeLoved]

My contracted hours were 16 when I started working there, but I never once worked my basic hours. I always did overtime to the amount of 38+ hours per week, to help them out as finding reliable staff there is an issue. Even at 8 months pregnant I was doing 12 hour shifts 4 times a week to save their arses

Their reason is staffing issues. Not enough staff to allow me to work two set days per week - so instead all staff are doing short shifts here and there, as well as nights to cover lack of night staff. Even though she told me on the phone that new staff are starting within the next two weeks.

I'm just frustrated. Bent over bloody backwards for that place, and they can't even offer me two 8 hour shifts per week which will in turn save them getting in and paying two people to do two 4 hour shifts twice per week Considering they're desperate for me to come back (her words), they have a bloody funny way of showing it!

[RibenaBerry]

Hhhhm. It sounds like you didn't have a set shift pattern or days before?

That's a tricky one. If it came to you bringing a claim, they'd have to show that staffing issues really did mean that they needed to turn down your request, but if they genuinely can't accomadate it then there's not much you can do.

At a more practical level, have you been blunt about the shifts. They say they're desparate for you back. Have you tried saying "thing is, with childcare and travel, it won't really be worth me doing the short shifts, so I might have to start looking elsewhere." If they think you're just going to put up with the inconvenience then they'll be less inclined to bend over backwards for you.

[SheWillBeLoved]

I originally worked set days, but they got phased out when staffing issue became a problem and I and others were drafted in most days. I had no commitments outside of work which made this a problem back then, but they knew that it would have to stop once I had my daughter.

I did say to my boss on the phone that short shifts were a massive problem for me due to childcare, and I could only arrange it for two full days per week. She sighed, said that we had no written agreement that I could come back to two full days. Then told me I was due back on the 12th April on a 9am -1pm shift I said I'd try and sort something out this once seeing as I have enough notice but after that I don't know what will happen. She said she'd see what she could do - which knowing her is code for 'feck all'.

The rota has always been a massive problem. I can't count the number of days I have spent trying to sort it out with the manager.

Perhaps it's for the best though. They obviously can't accommodate my needs, and when I visited my baby a few months ago I was told by the deputy manager who I'm good friends with that I'd be mad to return. I'll call her tomorrow and tell her that short shifts really aren't an option and see where it goes from there. Thing which annoys me is I know it's actually easier to have staff on all day than splitting shifts up! Thanks for the advice, and sorry for the long rant