Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not hand my notice in

141 replies

1manwent2mowWent2mowameadow · 16/03/2016 20:07

On maternity leave, due back at the end of may. Contracted hours have been covered while I've been away, this cover has now been employed on a 3 year contract.
Had a meeting at beginning of Feb, gave dates of KIT days and confirmed return date. Asked what hours I'd be working and suggested it'd be good if the hours were more evenings/weekends due to childcare. Boss checking with trustee board (it's a charity)
I have now sent 10 emails asking boss to confirm KIT dates and working hours. I have not had a direct reply from boss, but PA has replied saying it's being looked at.
My feeling is they don't want me back, or don't expect me to come back and thier expecting me to hand my notice in.
However they have until Friday to reply, first kit day is meant to be Monday. If they don't I will be requesting a copy of the grievance policy and starting that process.
I'd rather they made me redundant (or fired me coz I won't be able to get childcare but then I'll go unfair dismissal on their ass)
Or should I just cut my losses and hand my notice in?
Part of me doesn't want them to reply! Slightly sadistic.... But aibu to not back down?!

OP posts:
NotNowPike · 16/03/2016 20:12

I'd wait until Friday then email and ask them for an urgent reply regarding Monday's meeting
That way whatever happens you can show you were pro-active and willing
Are you in a union ?

RubbleBubble00 · 16/03/2016 20:14

Just tell them you will be in Monday for your kit day and will be expecting to discuss hours for your return

slightlyglitterbrained · 16/03/2016 20:15

YANBU at all to not back down. It would be silly to hand your notice in when you don't really want to (and are entitled to return to an equivalent role).

What would your ideal resolution be?

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 20:16

No union :(

Then Just turn up Monday?

OP posts:
Original poster
1manwent2mowWent2mowameadow · 16/03/2016 20:19

Redundancy would best I think, I don't really want to go back!

OP posts:
CountryRoadTakeMeHome · 16/03/2016 20:21

DO NOT hand n your notice! No way can they do this. Stand your ground and keep all email, phone and written correspondence in case it is required. You have stated you are returning to work they might not be able to offer what you asked for ( although they have to consider) but they can not just push you out!

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 20:23

If I don't get another job (applying right now!) and I start a grievance, can I go back to original job? It's v close knit (incestuous) and I know the boss will cry!

OP posts:
Littlef00t · 16/03/2016 20:24

Its quite common to discuss return during a KIT meeting so I'd just turn up Monday. You know if they offer for you to return on the hours you were working and make a semi-decent explanation of why they can't offer you the hours you want, that there's not much you can do, and it's not redundancy.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 20:37

It's not a kit meeting, I'm meant to be working. And I know that, but they can't tell me what I'm working at all, making it near impossible to get childcare. Most places have 6 month waiting list! And it's 10 weeks away I'm meant to be returning.
I just need to know my hours then I can plan. But if they aren't right, maybe then I'll hand my notice in, not going without a bit of a fight tho :)

OP posts:
silverduck · 16/03/2016 20:41

Is it feasible to work on the basis that your hours are what they were before?

Rangirl · 16/03/2016 20:43

Have you put in a formal request to change your hours Or were /are your hours flexible Normally you would be returning on the same hours unless a change has been agreed

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 20:53

No request to change, but in the initial meeting in Feb she asked what I wanted to know and I said evenings/weekends and she was taking that to the board.
So I'm assuming original hours. In which case I'll carry on looking for other jobs. It's currently 2 ten hour days with half hour travelling both sides which (if I have a choice) I don't want to do.
I don't think I'm BU to expect a reply to 10 emails asking for working hours clarification

OP posts:
Almostfifty · 16/03/2016 20:59

Have the Board met since your meeting? I know a lot of Charities only meet up every couple of months.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 21:00

They meet monthly. But tbh she's the manager, it's ultimately her decision!

OP posts:
Rangirl · 16/03/2016 21:03

I certainly don't think you are being unreasonable and they sound like a shambles but you need to keep yourself right In the absence of any agreed change to your hours they remain the same
I would put in a formal request to change your hours

Whatthefreakinwhatnow · 16/03/2016 21:07

If you've not put in a formal change of hours request, I'd assume for now they are offering you the same job at the same hours, but go to the kit day on Monday and see.

Sadly,they really don't have to offer you redundancy, though they can do if they choose to. What they do need to do is offer you a position similar to the one you do now at the same pay grade etc.

If they are unable to accommodate the hours you want, and you resign, I'm afraid your wrongful dismissal claim will be a non-starter as they really don't have any obligation to give you the hours you want if those hours don't work for them. They really don't.

I'd get my child's name down on a waiting list for a CM or nursery now, you can always cancel it if you don't then need it because they can accommodate the hours you want, or you find another position.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 21:11

Unfair dismissal will only be a thing if I get told different hours and can't get childcare therefore can't work so they sack me

OP posts:
FuzzyOwl · 16/03/2016 21:17

But your employer is under no legal obligation at all to change your hours so if you can't get childcare, you will still have a job on the original hours. If you then choose to resign because you don't have childcare, it is not unfair dismissal.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 21:22

Sorry, obviously not making it clear. If they say work Mondays but I can't get childcare coz they've left it so long to get back to me, so say no to Monday's they might sack me coz I can't do my job but if they'd let me know hours when I originally asked surely then I'd have a case?

OP posts:
magictorch · 16/03/2016 21:23

Oh I had an almost identical situation, so my you have my sympathies, I know how stressful this is.

I ended up going the full grievance route and suing them for maternity discrimination. I'd advise giving ACAS a call in the morning, they were very helpful with me. The ladies on the employment boards here were also great.

Good luck! Flowers

FuzzyOwl · 16/03/2016 21:27

If they say no to Mondays and so that remains your contacted hours and they fire you for absence without leave, because you don't turn up as you don't have childcare, then you don't have a case at all.

You have to put in a formal request to change your hours and they then need to respond (usually 28 days but check your company's policy). However, all they have to do is say they have considered your request but the business needs do not allow it to be agreed and they are legally within their rights to do so. Don't forget that you also have an obligation to follow up requests that you make.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 21:28

It does feel a bit discriminatey, also had a staff meeting today I wasn't invited to :( trying to work out if I'm BU coz I don't wanna work there anymore or if they are incompetent. But 10 emails asking for clarification?! And kit days are meant to be mutually decided.
The pa saying it's being looked at doesn't fill me with confidence, the office is run like a group of toddlers are in charge!

OP posts:
Original poster
1manwent2mowWent2mowameadow · 16/03/2016 21:30

fuzzyowl but if they'd told me I'd be working Monday's and not suggested a change of hours is possible I'd have already arranged childcare.

OP posts:
FuzzyOwl · 16/03/2016 21:33

It sounds like a combination of you not wanting to work there and them being incompetent but sadly for you, their incompetence (at least in this instance) really won't get you anywhere with an employment tribunal claim. You will just spend a lot of money and lose.

laurita42 · 16/03/2016 21:33

Did you have fixed working hours before mat leave?

It's not a negotiation-if you request a change to your contracted working hours & they turn it down or offer an alternative you can't accept, provided they have relevant business reasons (there are specific criteria for this, ACAs should have guidance) and they have followed statutory process & timescales then it's unlikely you would have a case for unfair dismissal. In any case, you would most likely need to establish constructive dismissal first (v hard to do) as I doubt they would dismiss you-more likely they would say "as we have not agreed different working hours we'll expect you in on the same basis as before mat leave. If you don't show up, we'll take that as resignation". They would likely be within their rights to do this.

As pp have said, you need to make sure you have formally submitted a flexible working request & know when they are supposed to respond-there is a statutory framework for this, not just what you think is reasonable. Is there a policy in place? If not, look at the guidance on ACAs, that's what they & you should follow.

Swipe left for the next trending thread