Employer making life VERY difficult.

[Titslikepicassos]

Supposed to be returning from MAT leave in June, have childcare arranged and as a key worker they will still take my baby - excellent.

Had a team meeting with work this week to discuss going back and have been told that I have to relocate as my partner works on the same site as me - which has been known since I informed them we were in a relationship, however the policy changed in October (before I went on MAT leave). While we are on the same site, our jobs are separate and we are working in different buildings, have different managers and different hours. The different hours means I will need to do drop offs and pick ups to coincide with opening and closing hours.

So during the middle of a pandemic, with child care mostly closed I now have to find a new nursery, lose a significant term time deposit and start the settling in process all over again. Not only that, they have told me to find my own employment within the company - my head is exploding with all of this. AIBU to think this is an unnecessary ball ache!

I appreciate that this is a minor problem given the amount of people losing jobs!

[Horsemad]

Two things:

Do not let your DP go into any meeting without representation/witnesses.

Get onto an employment lawyer asap and get them to check everything.

[GrumpyHoonMain]

Keep the baby in the same nursery and get your DH to do the pick ups and drop offs.

[KillerofMen]

I asked if I’d be made redundant if there wasn’t a suitable alternative role, (which there isn’t), they said no.

Great, tell them as there's no suitable alternative you'll see them in June when you return to your old job.

This is some next level bullshit from them. If your husband resigns, they'll try something else.

[SusieOwl4]

If you have to wait for union speak toACAS. Sounds like discrimination to me .

[RNBrie]

Op, get in touch with Pregnant Then Screwed. They have an advice line that does free legal advice for women coming out of Mat Leave. 0161 930 5300.

pregnantthenscrewed.com/

[katmarie]

This sounds very dodgy. I'd want to see the justification for expecting you to move rather than your partner, including the bit where they've assessed your rights on return from maternity and ensures they aren't breaching them. Spoiler alert, they havent done any such assessment. With regards legal advice, check your home insurance, a lot of policies include cover for employment legal services.

[Titslikepicassos]

@GrumpyHoonMain - his hours mean he won’t be able to do drop off and pick up.

[Titslikepicassos]

Thanks for the home insurance tip!

[minisoksmakehardwork]

How long have you been off? My info might be a few years out of date but it always used to be if you had up to 6 months off, your return was with no changes to terms and conditions. If you had longer, they could move you within the organisation depending on where there was a job. I wouldn't be looking for my own job with them as that implies your employment in that department has been terminated/made redundant.

[MulticolourMophead]

I’m 99% sure it’s a push out, my acting replacement is my co-managers best friend. They both told me before I went on MAT leave that they didn’t think I was taking enough time to be with my baby

Is it worth getting it in writing that you think there's a conflict of interest with the co-manager, given that your cover is his best friend?

[JasonPollack]

Don't suck it up! Seek decent legal advice document everything. The average claim for maternity discrimination is more than £20,000!

[opticaldelusion]

If one of you manages the other, fair enough. If not, your employer is an insane megolamaniac overstepping its involvement in someone's private life.

[Shamoo]

Pretty sure they can't tell you you have to move and find a new job on return from maternity, that's absolutely ridiculous! So even if the requirement to move is valid (which I am not sure it is) they can't just tell you to find your own job!!! When on maternity you have all sorts of protections, including that they have to guarantee you a job on your return unless, for example, a proper redundancy process. Get some legal advice and go back to them formally.

[StormCiara]

Please do pursue it - it's so, so important, not just for you, but for all of us. It's small(ish) battles like this that add up to a general picture of the way women are treated, and you have an opportunity here to really stick up for yourself and, by association, the rest of us. For the sisterhood!

[Moondust001]

I believe that there is a very strong claim in the making here. But honestly, since you joined a union too late for help, I would strongly advise you to get proper legal advice. You suggested ACAS told you that because there is a relocation clause in your contract they can do what they want. They most certainly cannot. I cannot at this point in time recall the name of the case, but there is very definitely case law on that point. I recall the case, and it was an EAT decision (so binding law) but it was at least ten years ago and my memory isn't that good! ACAS are useless most of the time.

My best guess here is, the minute a lawyer enters the scene, the employer will either back of or start haggling the settlement deal. The policy might be lawful (many employers have similar policies) but the method of implementing it almost certainly is not.

[altiara]

OP could your DP do a flexible working request do that he can do the drop offs/pick ups at nursery. He could at least put the form in to show his intent that he needs these hours otherwise needs to change role himself.

[RandomMess]

I really think ACAS are wrong, at 26 ML you get to return to your exact same role and they are not doing this but are having someone else doing it.

I agree they could then make your DP move to comply with the company policy but I don't think they can make you.

[LaraLoui]

Sorry you're going through this OP. Defford get in touch with some of the support that's been mentioned above. Make notes of everything even the close relationship between your replacement and manager.

[biglouis123]

You said they sent back some of your belongings from work. Sounds like the start of constructive dismissal to me. Get legal advice.


I was in a situation with my last employer but fortunately I joined the union as soon as I got the post. They did not follow their own procedures in dismissing me and I ended up with a big out of court settlement which enabled me to start my own business. As soon as a lawyer appeared on the scene they began to negotiate and the figure went up and up.

[EveryDayIsADuvetDay]

Ignore them taking their own notes!!
They can easily be massaged to omit or play down key points; and as you have experienced already, delay in handing over. The delays can mean it's easy to forget the exact conversation, or a dodgy turn of phrase that you might want to challenge.

DH should either take a colleague or union rep if permitted, or request that he record to conversation to make notes from later.
Don't make a recording without stating that you are doing so.

[SpudsAreLife84]

I'm another coming to say its @Flowery you need, hopefully she will be along soon with up to date advice.

[Leighwalk]

In a similar situation - but had already secured another job and resigned - my union advised that because I had resigned I couldn't make any claim for constructive dismissal.
Please don't you or DH do anything without legal/union advice first.

[RandomMess]

Your DP should formally request to delay the meeting as "he wishes to seek legal advice and arrange for someone to accompany him to the meeting".

[IndiaMay]

Talk to an employment lawyer tomorrow. A large, national and reputable firm will chat to you on the phone without charging you. If theres nothing in your rights to argue against your employer they will say and leave it at that. If there is something they can do they will advise what and then agree further action and what they will charge

[C8H10N4O2]

Can you afford to pay an employment lawyer (and yes definitely check house insurance cover)? If so then speak to someone independent with whom you can share all salient details.

Keep a diary of everything, put every request in writing and document any calls with a summary sent back to them copying HR.

On the face of it, it sounds very much like constructive dismissal, especially as your partner offered to move but was turnred down. However that can be hard to prove.

Large corporates usually have HR departments well versed in protecting the company from being sued so worth checking if they have been reading the stuff you have cc'd to them.