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!

This is outrageous op it sounds like a massive company, why are HR not involved?
Agree that you need to lawyer up, you have a big claim for constructive dismissal.
Record everything, don't let partner agree to anything!

If you take up to 6 months leave you are entitled legally to your exact same job back.

If there is someone else in that job, it still exists, and there is, so you are entitled to it and any argument against that is bollocks.

Now that they’re messing around, I need to extend my maternity leave as I can’t source new childcare in time it will end up being 9 months unless this is sorted, not sure if that will change anything but my job is still there. They’ve acted 2 people for my Mat leave so I expect there is pressure to keep those in place rather than take me back

Acted up 2 people*

Do not extend your mat leave!!!

You are legally entitled to return to the job you left, what they are doing is illegal!!!

Had you taken a longer ML you wouldn't have that right but you do!

Haven’t done anything yet. Any idea of the timescales for this sort of stuff? Imagine any legal proceedings will take months+++

I would email HR direct and quote the law at them and ask why you have been told you are not able to return to YOUR post at the end of your 26 week May Leave when the law is clear that you are entitled to.

A few points I'd want to go over with them:-

1. If you have taken 26 weeks or less mat leave then you are entitled to return to the exact role as before. This does not include anyholiday you've taken. If you have returned but are off on annual leave, that is still you having returned. So they are now changing your role without consultation

1. They appear to have changed the policy yet you nor your dp were aware of the change. Surely policies changing need sharing with the employees? Ask them for proof that you and dp were informed of the changes.

1. They have failed again to supply copies of minutes. Email again, but this time, detail everything they have asked of/suggested or insisted of you so that you have it all on papertrail.

Sometimes a letter from a solicitor pointing out their failure to comply with policy is enough for them to buck up their ideas. Early engagement with a solicitor is worthwhile and is probably cheaper for you than bringing them in at a later stage

You don't have to do anything. Tell them you're coming back to your role. If they're saying you can't then they need to provide you with a suitable alternative or dismiss you.

Don't do their dirty work for them.

They can't even provide you with an alternative if your job actually still exists!!! It is YOURS in law.

MIL has kindly offered to pay for a solicitor if we need it!

I’m going to email first thing for the minutes. The area manager has requested another meeting with me to discuss some of the points I’ve raised. This will be the third meeting I’ve had with them regarding moving compared to DP’s one meeting...

Surely they can just say it’s due to policy I’m being moved and nothing to do with my role not being there anymore?!

We’re looking at the policy now - it’s weak and full of holes.

Just a thought but if you copy your post into the employment section on this site (maybe cross reference to your thread on here) you might get some more HR input.

But unless your mat leave cover is moving offices your job is there.

And by the sounds of it you and DH aren't actually contravening the rule about people in relationships working together on same clients. Because you're not. Right?

Do NOT extend mat leave. Insist on your old job back as is your legal right. If you HAVE to take more time, would you consider unpaid parental leave?

OP take legal advice this is discrimination & is unlawful you need some help to get this sorted. The union should help but may not.

Utterly terrible treatment by the employer.

Acas could give you some free advice but I would find a specialist employment lawyer x

Will mention this thread in employment - thanks

The policy says we are not permitted to work with each other alongside our customers. We have the same customers but don’t work alongside each other, our roles and buildings are different

Can’t afford unpaid leave really, it’s tight at the minute anyway

Onus is on your employer to take action and provide evidence for their decision - yep don't assist them. Solicitor letter would only be in response to them

I think they have to let you return to your role and then address the issue of their policy.

Presumably it doesn't actually apply anyway plus you could be given differing clients?

Presumably the policy exists to protect the company against fraud not just for the sake of it in itself.

Yes I would say ‘i am coming back to my role as is my legal right, we can sort it out from there’ on repeat to your manager, all the while getting HR, legal and senior management involved ASAP.

Don’t extend your mat leave!

Blatantly lifted straight from maternityaction.org.uk

You are entitled to return to exactly the same job on the same terms and conditions if you return during or at the end of your OML period. If you are not allowed to return or you are not given your old job back you may have a claim for unfair dismissal and/or maternity discrimination.

I’m sure there has been loads of excellent advice given to you, I really wish you well. My daughter is on ML at the moment so I understand how stressful this must be for you.

Thanks you lovely lot

Sorry your going through this op, and I thi k that your comanager is pulling half the apron strings on this one so that she can work with her best friend.

BUT what the company are doing is not fair and i think it is discrimination of some kind, if funds are available please find a good employment lawyer and take the bellends to the cleaners, you have done nothing wrong and I think there trying to push you out also, if you can print off all emails you have sent regarding everything and also back it up on USB so if you do get lawyers involved they'll be able to see how they are ignoring your requests and what is going on.

Sorry I'm no help op but I hope this gets sorted for you asap