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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:
Original poster
1manwent2mowWent2mowameadow · 17/03/2016 19:07

I'm not asking for redundancy. Childcare is arranged for a Friday so I'm a third of the way there.
I realise now I've been a twat but this is all new to me and a google search said I should expect to go back to normal hours but there's someone working them now hence my post about quitting/not quitting.

OP posts:
Cabrinha · 17/03/2016 19:10

When I was on mat leave, my company relocated my office to a town about 30 mins away. And forget to tell me. Nothing ominous - they just cocked up. Big time, really. I knew, because I had friends at work. I was very tempted to go to the old office when I got back, and call my boss in fake tears and embarrass him 😀
Sometimes it's discrimination, sometimes it's just being crap at prioritising you. Which is still bad. But it sounds like you haven't even spoken to your boss - when you has your meeting in Feb, did you ask how the job would work with 3 people? Is there no possibility that they just decided they need 3 now?

lougle · 17/03/2016 19:13

They've got someone working your hours because you're not there. They've not included you in work meetings because you're not working. It's all really very normal!

When you come back, they will either reallocate the person currently in your role, to free up your hours for you, or offer you hours that suit you more.

Whatthefreakinwhatnow · 17/03/2016 19:15

Of course someone is doing them now, you aren't there! Wouldn't br much of a maternity cover if they didn't cover your hours would they?!

I would assume he or she is being kept on for a reason, not simply to replace you. You'll probably find out this plan once you are back at work.

I was temporarily promoted once to cover my managers leave - we then restructured and the department became bigger so they decided to keep me and and have two managers in the depths. She wasn't replaced, I was simply part of a bigger plan.

I don't get why you are so adamant they are replacing you, where is your evidence of this?! Confused

Original poster
1manwent2mowWent2mowameadow · 17/03/2016 19:24

I know the staff rota, person 1 does Sunday, Monday, Tuesday, person 2 (my cover) does wed, thur. Fri. My hours were Monday, wed and Fri. I have no evidence, I'm concerned! There is no expansion, if anything there'll be cuts coz its a charity and thier skint.
I just think thier crap! Hence why I'm looking for 'proper' jobs!

OP posts:
Cabrinha · 17/03/2016 20:08

In what way is it not a proper job?

It's OK to call your boss and say "I'm concerned about where I fit in when I return, now that you've got x".

Some firms are bastards, so you're right to keep your wits about you.

But it could be they've decided they don't want to lose X and they want them either when you don't return (if you don't) or to do another roll when you do.

I was someone's maternity cover. Her role massively expanded during my time, to about 150%. On her return we split it in half then added something new each. There may be plans for this person.

Cabrinha · 17/03/2016 20:09

*role

witsender · 17/03/2016 20:18

The other person isn't your concern, she is theirs. If they are overstaffed when you come back, let them sort it!

Original poster
1manwent2mowWent2mowameadow · 17/03/2016 20:23

Min wage, no pension, no hr understanding, no appraisals, no cpd, no written contract, there was no maternity enhancement (not that it made any difference in the end) and itd be nice to get paid at the right time every month!

OP posts:
Cabrinha · 17/03/2016 20:31

Right, so you make it sound even more likely that you're not being pushed out, they're just shit at being employers.

(although enhanced maternity pay is quite unusual - I work for a massive company who get all the HR and CPD and payroll stuff spot on, but only pay SMP)

I would ask them what impact the new recruit has on your role. Remember that you don't have the right to that exact job back anyway, so they may have something else in mind for you. There could be people leaving that you don't know about.

Whatthefreakinwhatnow · 18/03/2016 11:54

It sounds as though you actually don't enjoy working for this organisation, and should he realistic in that they won't pay you off if you have a strop can't work your current hours, and your flexible working request isn't feasible to them.

I would therefore suggest that you keep applying for other jobs that do offer the kind of hours you want just in case, and then resign should you get one.

I am still Confused at feeling pushed out because you aren't contacted about meetings etc . Your on Mat Leave!! KIT days are for catching up and prepping for return if you want that, it would be inappropriate for a manager to contact you all the time when you are off about stuff that is happening now whilst you aren't there!!

Original poster
1manwent2mowWent2mowameadow · 18/03/2016 12:20

I think the pushed out ignored is more the lack of replies from boss.
I love my job but it is irritating to see how poorly it is run. I don't expect to get paid off, I just expect reasonable notice of when I'm expected to work.
Any way I've sent an email regards to Monday (I'm not going in now, too late for childcare) and which of the other kit days I sent in Feb would work for them. And also flexible working, I've said I can do anytime on Thursday and Friday but evenings and weekends would be preferable if they can get customers in at that time and how it could bring more revenue I'm etc. I've finished that bit by saying I would also be happy to return to original hours.
I've asked for a reply by April the 1st and if I've had no reply by then I plan to send a request for a copy of the grievance procedure.

Sound ok?!

OP posts:
redhat · 18/03/2016 12:25

You have to make a formal application to change your hours. It has to set out certain things and be presented in a certain way. Your email is unlikely to qualify as an application. They can also say no if they have a good business reason for saying no.

Re the KIT days they are not really for just going in randomly, They are used for example where the employer is running an essential training course for all staff and it is important that you are there. Some people will try to use them to ease back into work but most employers will resist this because quite honestly whatever your job is you are unlikely to be much use to them on random days during your mat leave.

I will come back later. have a meeting now.

Whatthefreakinwhatnow · 18/03/2016 12:28

The reply request by April 1st is unlikely, they have up to three months to consider your request, respond and hear any appeal that you make. Given that 1st April is only 2 weeks away and Easter falls within it,it seems a tight time frame for them to work with.

redhat · 18/03/2016 12:28

BTW expecting them to change their business model and get customers in on evenings and weekends (if this is what you are suggesting) is rarely going to result in a successful application. It would be easy to reject that. You have to think about the application carefully since you only get one chance to get it right.

Whatthefreakinwhatnow · 18/03/2016 12:29

Oh jeez, did you actually say that about the grievance procedure in your email?! Shock

Cabrinha · 18/03/2016 12:36

What are you actually planning to use these KIT days for?
They don't have to offer them - it's just a good way to be able to have employees in without breaking their maternity leave.
Are you wanting them just because you want the cash from them? It sounds like a small place - they might not have the funding to pay you for unnecessary KIT days.
If it's to get up to speed with the job again, as your employer I'd say you could do that with support in your first week.
In my job, you couldn't just do a day's work - I work on long term projects, and with customers - I was no use to the business just popping up for a day. I used 2 of them for an annual staff conference a month before I returned.
It sounds like you've just picked dates when you're available, rather than actually have a business need from either side to "KIT" on those days.
That could be why they're slow to respond - although it's not a good excuse.

Original poster
1manwent2mowWent2mowameadow · 18/03/2016 13:31

No sorry being vague and email doesn't actually use the words flexible working application and no mention of grievance. Main reason was to clarify Monday.

Kit days were bosses suggestion to get fit and get used to new systems we have. I'm not going to lie, money would help too but not my motivation.

Not being argumentative but why do I need to apply for flexible working? (I'm aware of formality if it, did it before after first child)

OP posts:
Cabrinha · 18/03/2016 13:36

I don't understand your question!
Why wouldn't you have to apply?

GeorgeTheThird · 18/03/2016 13:39

You have to apply because you have a contract of employment. You want to change the terms of the contract. You really need to research this more, you don't seem to have looked into it at all.

redhat · 18/03/2016 13:40

You have to apply because your contract is to work specific hours at specific times. Your employer doesn't have to agree any changes to this unless you follow the formal process and they don't have a sound reason for refusing your request.

As others have said though, depending on the time you've been off (can't recall what it was) you might not actually have the right to return to your previous position anyway.

VimFuego101 · 18/03/2016 13:44

So you haven't formally applied for flexible working hours, and you've not really made any attempt to secure childcare to cover your original hours. I'm really not sure what you're hoping for here. It sounds like you're hoping you can claim you've been treated unfairly and get them to pay you off.

lougle · 18/03/2016 13:50

You have the right to return to the same or similar job with the same terms and conditions as you had prior to maternity leave. If you want to change your hours and your employer doesn't, you don't have a right to go back on different hours.

You need to put in a formal FWA request. You're only allowed to make one FWA per year.

Original poster
1manwent2mowWent2mowameadow · 18/03/2016 14:07

But I don't want to change my hours!

OP posts:
Whatthefreakinwhatnow · 18/03/2016 14:30

OP are you being deliberately obtuse?! Going from working days to evenings and weekends IS changing your hours!

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