To not hand my notice in

[1manwent2mowWent2mowameadow]

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?!

Not trying to be antagonistic but equally part of me likes a bit of a fight! I don't want to call her as I wanted everything in writing. I get the pressure thing but I was invited to training. Either way it's done now!
Yes pa has replied but boss hasn't and that's who emails are addressed to, incidentally I have had a reply to an email sent 3 weeks ago about something else completely so it is just my emails about working hours that are not being dealt with by the boss.

Maybe I am being stroppy!

Just spoken to acas and she seems to think it's discrimination? But that sounds v serious for something that is not that escalated yet

Sorry, what I was trying to say is that they can't just fire you without good reason, and they should also be updating you on major things (like the Team Meeting) and keeping you in the loop if it affects you. I believe that your Pregnancy and Maternity Leave is a protected characteristic under law so they have to make allowances for this, and not discriminate against you because of it. I'm not a lawyer, but have come across a fair bit about this through my work. The Equality Act protects you whilst your on ML, and your employer should be open to considering "reasonable adjustments" to allow you to return to work. If you're worried they're trying to deter you from coming back, then get legal advice. If you hand in your notice they're getting away with not paying you what you're owed.

Just seen your last post - very glad you've phoned Acas!

It does come across that you are looking for a fight. You won't put in a request to change your hours because you don't know if you want to, but you won't make any arrangements to return on your usual hours? What do you expect your employer to do?

Nellie how do you think her employer is trying to deter her from coming back? The OP hasn't even decided how she wants to return to work!

I have made arrangements for original contracted hours, just left it too late coz I thought there was a chance they would be changing.
I expect my employer to treat me with some respect and answer the kit day request and at least acknowledge I'm trying to arrange my working times.
I do believe they don't think I'm coming back which is why they have permenantly employed my maternity cover. There is not enough work for more than 2 people, one of which is my colleague and the other me or my cover.

"Reasonable adjustments" and the Equality Act is about the disability protected characteristic. There is no right to reasonable adjustments for maternity beyond the specific provisions related to health and safety. You have the right to your own job back on the same terms (unless there is a reasonable justification why this is not reasonably practicable) and the right to request flexible working. Plus other parental rights like parental leave/time off for dependents etc etc.

If you (not a specific but anyone who's doing this on the thread) don't understand the law don't try to quote it!

This is getting far more complicated than it needs to be.

You gave up your right to walk back into exactly the same job once you'd had 6 months and one day of maternity leave. From that point on you have the right to either the same job with the same terms and conditions, or a similar job with the same terms and conditions, if the company can show that it isn't reasonably practical for you to return to exactly the same job.

That isn't your problem. Your problem is that you don't want the same job with the same conditions. You want the same job with different terms (hours). The process that protects you legally is the Flexible Working Request. This gives you specific rights in terms of how the workplace considers your request, the grounds for refusal and timescales for response. You haven't used the FWR process. You've informally asked for a change of hours, so that doesn't help you.

You haven't checked the terms of KIT days. You can't do 10 half days and 5 whole days. That counts as 15 days.

Your whole approach seems combative and looking to get what you can from the company. It won't help you.

I'm an aggressive person by nature, but neatly managed in public, which is why the anonymous nature of this makes it perfect for me to be honest! Only other person who knows is my partner :)
I don't necessarily want different hours, I just want to know what is expected of me! And I now understand the kit terms, I put in for them in Feb, you'd think someone would have said something by now, unless they don't understand the terms either?!

I have drafted an email basically saying I'm applying for flexible. Preferably evenings/weekend. If this doesn't work, Thursday's and Friday's as my long days and Monday as short day would fit best with childcare I've been offered. I have finished it by saying if these options don't work I'll be returning to my original contracted hours on X date.

Have also booked childcare for Friday's, and explained my working days are Monday and Wednesday if they have any spaces coming up.
(Trying to not be antagonistic as whatever happens I need a job or at least a reference from them.)
Haven't sent fit yet but at the end of the email I've asked for this and my kit days to be discussed by the 1 st April.
Is that reasonable?!
And I've just applied for a nice NHS job with school friendly hours :)

Good. That sounds better :) The workplace is not the place to be antagonistic. That's what Aibu on Mumsnet Kick boxing or running is for.

Hope it works out for everyone.

My understanding is that there is a time frame as to when a flex working request has to be answered.

I would draft and email saying what hours you would like to do, why, and how you see it working - what jobs can you do on the different days, does it offer benefit to them etc. Just saying I want weekends because it's easier for childcare won't cut it...

All the days are covered, I reckon that's why they'll turn it down but they gotta find somewhere for me! 22 hours is a fair chunk of work

I did mention that I'm NOT a lawyer, and strongly advised seeking professional advice rather than taking the word of anonymous people on forums before doing anything. As the OP hadn't thought there was a possibility she was being illegally discriminated against until she spoke to Acas, I'd say that was reasonable advice. My reason for mentioning concern that her employer is deterring her return is that the OP mentioned thinking this was the case, as they've given the person filling in for her a 3 year contract even though there isn't enough work for two, and not replying to her emails requesting arrangements to return to work. Whether she wants the job or not, that isn't of any concern to the employer from the perspective of their legal responsibilities to the OP, who I'm sure would prefer to keep earning the salary she's entitled to, or otherwise be compensated for it, until such a time as she herself decides to move on / successfully applies for another job.

I would just assume you are doing your normal hours! nd would have childcare in place for that surely?

And how are they discriminating against you?

How does the OP know there is not enough work for two? Perhaps there is an expansion project she's not aware of yet, or another colleague is pregnant/going on a career break/extended leave and so makes sense to keep the person on than have to train someone again?!

unizoomi yes there is, they have three months from receipt of requests in which to make their decision and hear any appeal. That's why I'm shocked the OP hasn't requested this sooner?!

Definitely only enough work for 2, know that for sure.
Discrimination according to nice acas lady is lack of contact and conformation of kit/working days. Employing my cover permanently and not keeping me up-to-date with stuff that if I was there they would. Ive so far acted correctly, they've acted poorly but not wrongly.

This thread is very confusing. I'm an employment lawyer. You have no legal right whatsoever to work kit days or to attend meetings etc. If you've asked to work the days and the employer hasn't come back to you then you can't just turn up. Are you also aware that unless your employer agrees otherwise the kit days are not paid?

You seem to be very confused about kit days and your working days upon returning to work. Are you trying to use kit days to do a phased return to work? You need to make a formal flexible working request if you want to do anything other than return to work on your old hours/days.

Why on earth would they pay you off?

Right its all got tangled.
I worked 22 hours up until last Jan, have had sick and maternity due back in may.
I initiated return to work plan, it was suggested I could change my hours but it was just a conversation that boss was taking to the board.
Kit were discussed to get my fitness back. I now understand they can't be split and its only 10 occassions, one of which has been used.
I genuinely don't think they are expecting me back and I'm concerned there is no work for me.
I don't expect them to pay me off but if there is no work redundancy would be a happy option for me.
I mentioned unfair dismissal originally because I don't trust thier incompetence and fear I may be sacked if I cant complete my hours because I have no childcare which I hadnt arranged til now coz i thought she might change the hours to suit me.
I haven't applied for flexible coz I also thought they'd use this against me.
The original and ongoing problem I lack of communication about everything.
Does that make sense?!

They may well have not thought you were coming back. 5 months sick, 12 months maternity leave, and as you say you were on Mat Allowance sounds like you weren't there long before you go pregnant too. Add to that the fact it's common not to come back - yes, they might genuinely have thought you weren't. It could be one reason they're taking so long coming back to you - they could be saying "oh shit" right now.

Of course, that's their problem and the law protects you. But sorting out childcare was your responsibility, as was formally requesting the new hours.

I think you've done the right thing now, formally requesting it and asking for a response by a certain date. I do have it in mind that they have 28 days to respond - but may just be remembering my own company's guidelines!

Legally they have to assume that you are coming back and unless you are coming back early, you don't need to give notice that you are doing so. But you are taking their lack of response as a sign that they don't want you back. You're taking the fact that they have someone doing your role now as a sign that you have been replaced. That's not necessarily true.

Been there 4 years!

I think it's odd you're even consider g resigning. You want to go back, right? They are probably behaving in a discriminatory manner.

When are you due back at work?

I just feel so pushed out and ignored! I'm due back at the end of may. But I'm do confused over holiday pay as well as everything... I'm not back to work until the end of may as far as I'm concerned

They really aren't being discriminatory! The OP hasn't actually applied for the change of hours so how can they have considered something they haven't received yet?! A chat with someone is not the same as actually stating you would like to be considered for a change of hours, it just isn't!

As for the not being invited to meetings etc, my manager doesn't contact me about meetings either because A- I'm not at work again for months yet and so what is being discussed now isn't relevant to me; and B- I'm on maternity leave so don't need to be bothered at home with work stuff!

They DO write to me to inform me of any changes in say management structure, or to advise of internal vacancies I may want to apply for, but they don't let me know about stuff that's not going to be relevant to me when I get back, why would they?!

Proper procedure needs to be followed in applying for flexible working.

If they say no with good reason, and the OP hasn't arrange suitable childcare for her contracted hours, that is her problem, not theirs.

OP please listen to Redhat before you, frankly, embarrass yourself by asking for redundancy!!