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AIBU?

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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:
Original poster
1manwent2mowWent2mowameadow · 16/03/2016 21:41

I haven't submitted any flexible working at all, it was a suggestion in the original return to work meeting.
Maybe that's what thier waiting for? Me to submit flexible request, then they can say no and they know I'll then hand my notice in....

I'm going to book childcare for original hours I'm contracted for and turn up to kit day on Monday. Guess I'll see what they want then!

OP posts:
AnchorDownDeepBreath · 16/03/2016 21:44

What are your current days?

They've essentially told you that they'll look into whether it would be possible to change to your preferred hours, but you haven't put in a formal request and they don't seem to be in any rush.

Unless you have anything to suggest otherwise, your previous hours are still your working hours and you needed to sort childcare for those hours and then adjust it if your preferred hours were agreed.

If you don't attend work when you're due back, for your previous hours, you could be sacked. That wouldn't be discriminatory because your previous hours stand. They haven't taken your job or changed your hours, they are offering exactly what you left.

Not replying to 10 emails is pretty incompetent but not illegal and probably just suggests that either this isn't a priority for them or they aren't going to change your hours and are hoping you'll come back and forget about the request.

Sort childcare for your normal hours and then put in a formal request to change them. At least then you'll have proper time frames to refer too.

I hope it goes well!

FuzzyOwl · 16/03/2016 21:45

If nothing has been said, then you should expect to return to work the same hours as before.

So is Monday a KIT day or your first day back?

AnchorDownDeepBreath · 16/03/2016 21:45

Cross posts! Good plan.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:08

Monday is first kit day but I was hoping to get conformation that it's ok!

OP posts:
PegsPigs · 16/03/2016 22:13

I'm not clear what your days and hours were before you went off? If you haven't submitted a formal request for evenings/weekends if those are different from your previous days/times then they presumably are waiting for that?

lougle · 16/03/2016 22:21

No you wouldn't have a case. At all.

If you have had up to 26 weeks of maternity leave, you have the right to return to the same job with the same terms and conditions that you left.

If you have had over 26 weeks, you have the right to return to the same job unless the employer shows that it isn't practical, in which case you must be offered a similar job with the same terms and conditions as you left.

You don't have the right to return to work with the hours you'd prefer. You don't have the right to dictate the amount of notice you are given.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:23

9-6 twice a week, 9-2 once. I haven't submitted anything, just requested they let me know when they are expecting me to work and conformation my kit days will work for them.
I'm not going to submit flexible request or hand my notice in (yet)
Going to carefully word an email to clarify they are expecting me to work original contracted hours and see if they can be bothered to reply to that!

OP posts:
lougle · 16/03/2016 22:25

Why would they invite you to a staff meeting before the end of your maternity leave and before your first KIT day? Be aware that even 1 hour of work can use a whole KIT day - any work at all on any day is counted as a day's work.

Xmasbaby11 · 16/03/2016 22:28

I didn't get my hours confirmed until about a month before returning from mat leave. You need to get childcare set up way before this - get booked into nursery or childminder then finalise the days nearer the time. I did this with both dc and it wasn't a problem.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:28

I went to training 2 weeks ago as a kit day, it was quite a major meeting (third party gossip!) so I expected to be kept up to date with things.
I was not aware of that, my kit day requests has been 10 half days and 5 full days.😧

OP posts:
RedRainRocks · 16/03/2016 22:31

I don't understand why, given the advice you've got here you intend to send the email as per your last post. Unless you have submitted a flexible working request and this has been either refused or accepted; any employer will expect you to return to the contracted hours/days/times you were working before you left on maternity leave therefore you should proceed as if you are returning on that basis unless and until any formal change to working pattern has been agreed.

KIT days are optional. An employee can't be made to work the ten days and an employer doesn't have to offer them... You cannot insist on them.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:34

Coz I need to clarify when I'm working! So I need to confirm they are expecting me on my contracted days, especially as they have employed my maternity cover on my original days..... There is not enough work for us both on these days.
And I'm not insisting on the kit days, but they do need to be mutually decided on, something that hasn't happened!

OP posts:
MovingOnUpMovingOnOut · 16/03/2016 22:37

Have they definitely agreed to the KIT day? Because there's no legal requirement for them to be available just as there's no legal obligation for you to attend them.

At the moment you've informally asked to work different hours. That's all. Yes they've been a bit crap about replying but that's it so far, nothing actionable there from an employment tribunal point of view.

Unless and until you make a flexible working request all they have to offer you is your old job back with the old hours unless they can demonstrate a very good reason to give you a similar role but with no less favourable teams including status.

Unless they have advised you otherwise (and ideally consulted with you) your hours and working pattern are unchanged.

Tessticklesyourfancy · 16/03/2016 22:38

if they agree to the hours you have requested will you take them? If you are only offered your original hours will you take them?

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:39

They haven't agreed to anything, and I've asked lots. I'm concerned because my original hours are covered by the other member of staff so it's not me wanting to be flexible, more them finding hours to fulfill my contract

OP posts:
Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:41

tess I'm not sure I want to work for an incomptent company but they don't need to know that yet!

OP posts:
RedRainRocks · 16/03/2016 22:43

The other staff member really isn't yours to worry about. You should expect to return to the job you were doing immediately prior to maternity leave unless they discuss with you otherwise for an equivalent post and by the lack of communication...they haven't so the job - contracted hours etc is yours to go back to.

What they do with your maternity cover is really their problem :)

Tessticklesyourfancy · 16/03/2016 22:45

How long have you worked for them? I don't know if they're usually like this or that you've hit them at a bad time. Were you happy working there before you went on maternity leave?

FuzzyOwl · 16/03/2016 22:45

But your maternity cover is just that, someone to cover you whilst you are on maternity leave. The fact that your maternity cover works the exact hours you were doing before your leave started, means it is almost certain those are the hours you will be expected to continue doing.

MovingOnUpMovingOnOut · 16/03/2016 22:46

The other person's hours aren't your problem. They're your manager's problem.

The KIT days outlined above a problematic and would effectively end your maternity leave as soon as you worked on the 11th day because it's not hours that matter but days (even just half an hour on one day counts as a day) as outlined by a previous poster.

Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:51

But she's been permenantly employed for these hours for 3 years, ie not leaving once I'm back. Didn't know that about kit days :(

OP posts:
Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:52

3 years, they've always been incomptent, lots of people leaving etc but it's never affected me before

OP posts:
Original poster
1manwent2mowWent2mowameadow · 16/03/2016 22:53

And I love it, just irritated by boss not knowing her arse from her elbow with lots of things! Sorry for drip posting, feeding baby!

OP posts:
FuzzyOwl · 16/03/2016 22:55

You can legally do a maximum of 10 KIT days. Anymore and your maternity leave ends.

It really makes no difference at all how long she has been employed and in what capacity because right now she is covering YOUR job and when you return, she will be the one who will either be made redundant or given another role and not you. However, if you ask for changes to your employment (such as hours) and the company cannot comply, they are entitled to accept your resignation and give her what was your job on a permanent basis.

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