Issues with manager while on maternity leave - saying I need to do a full time workload on part time hours

[taye1]

Hi, looking for some advice please.

I’m six months into maternity leave with my second baby and work for the NHS. I’m due to return mid-February and had a phone call with my manager last week that I scheduled myself to discuss whether it would be possible to reduce my hours. I’m contracted for 30 hours over 4 days, but with two small children and a partner who works away all week (home only at weekends), the current setup feels unsustainable—cutting back seems like the only way to avoid burning out.

The phone call did not go well. My manager was dismissive from the start, very blunt and cold. She immediately shut down my request, saying:
my workload would increase, I could not continue with two work-from-home days I had previously and I could not reduce my hours on returning from maternity leave.
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The main sticking point was her saying that because I requested 30 hours when I applied, the full-time workload would still apply. When I queried how my workload compared to full-time colleagues, she said, literally: “Yes, but you requested to work 30 hours when you applied, so this was you saying you could do the workload in those hours.” To me, that sounds like unpaid overtime.

I rang HR afterwards, who confirmed that this should definitely not be the case. I then emailed my manager formally, outlining my concerns and referencing HR guidance that workloads should match hours. She didn’t reply, but today I got a text saying thanks for my email and asking to schedule a face-to-face meeting. She totally ignored everything I said in the email and this is odd because we’ve never communicated by text before, I feel like she is trying to avoid a paper trail.

I’m now worried about meeting her alone, as there will be no documentation of what’s said. I’m not in a union, and I’ve never had contact with my actual HR advisor, only the person who answered the phone and gave me advice. I try to avoid conflict, but I feel I need to protect myself.

How should I respond, as I would rather do so via email and not reply to her text.

I’d really appreciate any advice on how to handle this.

Thanks in advance, and sorry for the long post!

I rang the union but they said they won’t be able to help with this matter since it’s already ongoing/started. I replied to the text via email and I’ve now got hr involved and asked them to attend the meeting, manager is still saying she only agreed to me working 30 hours when I accepted the job on the basis that I would manage the workload within those hours?! She isn’t budging despite hr now able to see her saying this, am I being stupid or is this just not right? There’s no way I can return on 30 hours so I feel only option will
be to find another job but I’m only 6 months into mat leave so not ready to return until Feb so too early to look yet and I will also have to pay bald maternity leave I think? The whole thing has got me horribly stressed.

I’m so sorry that you’re stressed. It’s so hard when you’re in the thick of it all. What have you proposed for your working pattern / hours? And has she offered to get a job share in or is that not an option? Sorry if you’ve asked this alreddy.

To be honest, I work 4 days a week and still have the same workload as my
peers who works 5 days. The only difference is that I don’t have time for any ‘extra’ stuff, I just do urgent & important things. But I think the expectation is there, and I manage the same number of people who work a 35 hour week. But I have a cover in place for by 5th day for anything urgent.

Could you not look at internal roles nearer the time to returning, so that you don’t have to pay back the mat leave pay? Starting somewhere brand new after Mat leave will add another layer of stress to an already stressful situation. I started a new internal role after returning from mat leave no. 2 and that was hard enough.

Either way, I’m pretty sure the at the company have an obligation to find you an alternative to role within the business to fit in with your flexible working request.

Here’s some info I’ve just found:

In the UK, flexible working is a statutory right – but it isn’t an absolute right to get the working pattern you want. It’s a right to request, and your employer must handle that request in a fair and reasonable way.

Here’s what happens if your manager rejects your request:

1. Grounds for Rejection

• Employers can only refuse a statutory flexible working request for one (or more) of eight legal reasons, such as:
• Extra costs that damage the business
• Work can’t be reorganised among other staff
• Can’t recruit more staff
• Quality or performance would suffer
• Business won’t be able to meet customer demand
• Not enough work at the times you want to work
• Planned structural changes

If the reason doesn’t fall into one of these, the rejection may not be valid.

2. Your Rights After Rejection

• Right to appeal: Most employers have an internal appeal process. You don’t legally have to be offered an appeal, but ACAS guidance strongly encourages it.
• Right to reapply: You can make one statutory request every 12 months, but employers often allow informal re-requests sooner.
• Right to fair consideration: The decision must be made in a reasonable manner and within two months (unless you agree to an extension).
• Protection against discrimination: If you think the refusal is discriminatory (e.g. as a parent, carer, or because of disability or sex), you may have grounds to challenge it under the Equality Act 2010.

3. Next Steps if You Disagree

• Check the written reasons: Your employer must give you a written explanation.
• File an appeal: If you think the decision wasn’t reasonable, or the reasoning doesn’t fit the legal grounds.
• Raise a grievance: Use your employer’s grievance process if you feel the request wasn’t handled properly.
• ACAS early conciliation: Before you can take an employer to an employment tribunal, you must go through ACAS early conciliation.
• Employment tribunal claim: You can claim if your employer:
• Didn’t handle your request reasonably
• Didn’t notify you of the decision within 2 months
• Rejected your request for a reason not permitted in law
• Treated you unfairly or discriminated against you

Tribunal claims must usually be made within 3 months less one day of the decision.

Not sure if anyone has mentioned it but a woman in a very similar circumstance, being made to do a full time job in part time hours who worked for Morrisons (in their head office). She won a case against them recently for making her do this.

https://www.theguardian.com/law/2022/oct/31/donna-patterson-erin-brockovich-of-bradford-tribunal-morrisons

My request stated ‘ I am therefore requesting a revised working pattern of 3 days per week, or alternatively a job share arrangement where I work 3 days and another colleague works 2 days. This ensures that all areas of responsibility are covered and workload is proportionate to my contracted hours. ‘. The issue is aswell all the nurseries round here have long waiting lists so I need to know what days he would need to go so I can put his name down, and a new job may very well not be able to offer the days I would need.

Thank you all again for your helpful replies I’m still reading through some of them but I really appreciate it.

Can you put your baby down for full time at your chosen nursery & then drop the days down when you know more about what’s going on?worst case scenario you have to pay full time hours for a month & then give notice to drop down. Easier to do that than pick up days later on

Please phone the ACAS helpline, it’s free, you don’t have to give your personal details . They have dealt with many similar cases .

https://www.acas.org.uk/contact

Remember that when you go back from maternity leave you will have some annual leave due. So you might want to work the minimum number of days so you don’t have to pay back your contractual maternity pay, then resign ( if you have no other option).

Well done for making a formal request for flexible working. Please remember the ET deadline of three months less one day from date they refuse, if they do. And your claim would be for indirect sex discrimination. You can get lots of help from Maternity Action and pregnant then screwed<a class="break-all" href="//Https:\pregnantthenscrewed.com" rel="nofollow" target="_blank">Pregnant then screwed

Get into a union right away and they will help you with this horrendous situation.

Don't attend the meeting with the parasitic manager alone, she can't be trusted to treat you with the dignity you deserve.

Do not communicate whatsoever by text. Email everything..this ensures you have a paper trail. Join a union its not too late and they will definitely help you. Do not be bullied. Take someone with you to the meeting.