employer moving the goal posts on me!(5 Posts)
Hi, I just wanted a little bit of advice, it's a bit of a story so hopefully I can make it clear enough for someone to give me a bit of guidance!
I am due to go back to work part time in about three weeks and it has now been decided that my role should be full time so a part time 3 day a week role is about to be advertised.
The background is that this is my second maternity leave, I went back fulltime after my first pregnancy (5mths leave) then after a year dropped to part time. 1st child not sleeping so I wasn't coping. I had 3 months part time then did fulltime until my second mat leave started in Sept last year.
Just as an extra, neither of my maternity leaves have been covered. And when I left for mat leave last year I was very clear I wanted a part time role on return, and agreed this in August this year in a meeting with my line manager.
My question is what are my employers obligations to me if they can't fill the job share position? I've been told they will have to advertise the position as full time, in which case I will have to re-apply? and only being able to do part time I prob wouldn't get the job?? I will also already be working the 2 days a week as the advertising for the job share and, if it necessary, the full time role, is happening. If I am already back from maternity leave in an agreed 2 day a week position, how can this be changed, am I made redundant or do I have to resign?
Can anyone give me an idea of what I/they should be doing?
Thanks in advance
It sounds dodgy to me - i don't know if anyone has any links for you to employment law websites which i think would help you.... have you tried searching for info online? Could you use a free 30 minute consultation with a law consultant (which many firms do)?
Do you have it in writing that your line manager agreed it? If so, i think they're on very shaky ground. DO you have any notes from that meeting?
Apart from anything else, if they didn't cover your job while you were on mat leave then what justification have they used to say you can't do it PT and it needs FT?
Be sure of your ground legally and be tough with them - even if it means threatening Employment Tribunal (providing you're right of course).
If you have taken 26 weeks oml then you are entitled to the same job on the same terms.
If you have taken the full 12 months you are entitled to return to a similar role.
I think it could well be argued that full time isn't similar to a three day role. So they need to find you a similar 3 day role to the one you left.
Apologies - you left on full time terms so they can expect you to return on full time terms.
However if they had already agreed a flexible workin request to return to part time, which they are now retracting at short notice, that doesn't sound at all fair.
Agree with hairy though I'll add did work agree in writing. Verbal agreements are pretty hard to get to stand up so unless its in writing.
If you came back and there was a full time role that you didn't want to do and it was offered to you then work would have to make you redundant as there isn't a suitable job (assuming there are no others).
However you wouldn't get any redundancy pay as your turning down the offer of work.
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