to think that this is discrimination?

[MrsHuxtable]

I went back to work after ML 2 weeks ago. I had a lot of trouble during my pregnancy and ML with my employer and was only told 1 week before my return which days I would be working. My boss isn't very organised and in my opinion messed up with my ML in the sense that he didn't hire a temporary cover but divided my hours up between existing members of staff. So when I returned, he didn't have enough hours to give back to me, so essentially he made up a shift. I'm there as an extra that shift.

Now, 2 weeks in, he's starting to cut peoples' hours as the business is not going to well. I get that and so far he's been fair by cutting 1 hour of everyone. However, he told me that if things don't pick up, he will have to cut more. As we generally run with minimal staff, the only hours he can cut will the the shift he made up for me. I will have to look for a new job and the only reason this is going to happen is because I was on ML as otherwise I'd still have my old shift, which is safe.

AIBU to be upset and feel that this is discrimination?

Worked there for 5 years btw and am 1 of the most "senior" members of staff.

I'm not an expert but it sounds like he's had to restructure the shifts to accommodate the business needs. I think he might just be able to argue his way out of a discrimination claim.

Did the other workers know their extra hours were temporary?

Also, I don't think you'd be able to prove that you would have your old shift. You are not guaranteed your old position when you return from ML.

I'm not sure, try the Maternity Action advice line (it's a charity) www.maternityaction.org.uk/index.html

They must have as we are friends outside of work and they knew I was coming back from the start.

doesm your contract state a no. of hours , per wk /month ? would think if it does and he is changing them without consultation you may have a "case" ?

I wouldn't bring a claim against him. I couldn't handle the stress of that. It's just so blatantly obvious he created a shift that didn't exist before and wasn't/isn't needed. Now he can get away with cutting it.

Because I was off a year, I was only entitled to my number of hours, not the exact shifts. I did get my hours, but obviously he made one of the shifts up and then is cutting it a few weeks later. So while on paper, I did get my hours back, in reality I dind't. Hope that makes sense.

OP you need proper advice on this. You should arrange a meeting with your employer.

This is taken from the GOV. Website:

"You are entitled to return to exactly the same job on the same terms and conditions if you return during or at the end of your Ordinary Maternity Leave period. If you are not allowed to return or you are not given your old job back you may have a claim for unfair dismissal and/or sex discrimination."

Your shift should have been created for your return. By law you should have returned to your former role, with no change of termss/conditions/hours.

Agree with PolterGoose - I'm sure there will be lots of help in Employment.

Also give the C.A.B a call for some advice.

Good luck, I hope you and your employer work something out.

If he continues to cut hours evenly then that is fine.

But also he should have just cut the hours back from the other staff for your return.

Hmm not sure tbh. No employer has to organise cover. That's a total fallacy. (Where does that come from?) he was perfectly able to move hours or tasks around to suit business needs during your mat leave. If I'm understanding correctly, and maybe I've misread, he's jigged it around to give you some hours on returning and that's now proving difficult to follow through? Unfortunately that's probably his 'mistake'.

It's incredibly hurtful but I'm terribly sorry but I'm unsure he's made a legal error. Certainly not a discrimination one at least. I sincerely hope someone argues with this and proves me completely wrong, could be more unfair dismissal but I'm not very convinced there either. Good luck.

Also from the GOV.uk website:

Employees have the right to their job or a similar job (if it?s not possible to give them their old job). Similar means the job has the same or better terms and conditions. If the employee unreasonably refuses to take the similar job the employer can take this as their resignation

I'm resigned to the fact that there's nothing I can do btw and am looking for a new job. Am just very upset because this comes weeks after my return to work.

He won't be able to cut the next hours evenly among staff as the business then couldn't run. It's only my "fake shift" he can do away with. If I was the decision maker looking at it from the outside, I'd cut my shift.

Bollocks!

You are guaranteed your old role if you only took Ordinary Mat Leave and not Additional Mat leave

How long were you off for?

Yeah, I was off for the whole year so no guarante of my old role. Anyway, DH has calmed me right down and we'll just have to take the financial hit and hope it's temporary.

You should approach your boss on the basis that you understand the position he is in with regard to cutting hours etc, and that you would be willing to consider a Compromise Agreement. You would then have some money to tide you over anyway whilst looking for a new job, and can leave with no animosity or stress on either side.

I wish you luck anyway - who knows there could be your dream job just around the corner.

Hmmm

I think you may have a case

I would phone ACAS and see what they say

Well, I handed in a CV and letter into a place I'd like to work this morning, stating the hours I need etc and got a call back from them tonight. They're very interested in me and I have an interview on Monday.

Wish me luck! It's 3 minutes from my home! By foot!