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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I’m going to have to quit my job?

54 replies

Bug3red · 05/01/2021 10:35

I’m due back to work next week after maternity. I have an older child who’s school is now closed. I called work to see if I could be furloughed as I have no other help. They have been open throughout this whole pandemic, we are not essential we are clothing wholesalers.

Work essentially said to me that, I can’t request furlough as I had been off for a year, I should of planned for this. If they furlough just me it will be looked as if they are committing fraud. They then said they supply clothing to the NHS so I should be classed as a key worker and be able to send my child into school. We don’t, we supply clothing to embroiderers who will then sell on to the NHS. I have no other option but to leave my job, I wouldn’t be entitled to any other benefits if I leave. I’ve tried to get in touch with various agencies for advice but you can imagine they’re overwhelmed. What do I do in this instance

OP posts:
BusterGonad · 05/01/2021 12:52

Hmmm. Well you didn't mention that at the start, you just said that you didn't think that you were a key worker, even though your employers said you were. That's quite a big piece of information you've just added.

Original poster
Bug3red · 05/01/2021 12:56

I’ve just spoken to them. They said can’t you take her to school and say you’re a key worker. I spoke to the school they said they need a letter. I spoke to work they said they can’t give me a letter. I don’t have anyone who could help for 40 hours each week. I don’t have anyone that isn’t either working or juggling their own child.

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Jangle33 · 05/01/2021 12:59

Can you send her to a childminder? Childcare is an exemption.

Unfortunately the government are simply not forcing employers to let their staff work at home when they can. And people like you are suffering, it’s exceptionally tough on single parents.

Original poster
Bug3red · 05/01/2021 13:02

I’m searching now for childcare. It’s such short notice, I’m not sure about deposits I’m due on Monday. I will see what I can do

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MaybeMaybeNotJ · 05/01/2021 13:04

I think you have to work a little while before they can furlough you. My friend was back for a week then on furlough after maternity.

Original poster
Bug3red · 05/01/2021 13:06

The problem is any money I make working will be swallowed up by two full time childcare spaces. Even with the help from universal credit

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Cheeserton · 05/01/2021 13:18

What would you have done normally then? The point they were probably (very clumsily) trying to make is that if you've been off on maternity, you obviously should also plan for return if you intend to keep working. If so, they've an entirely fair point and if nobody is being furloughed by them then I can't see why they'd necessarily make an exception for you (though again, 'fraud' is bollocks. . .).

NoSquirrels · 05/01/2021 13:21

OK. So now that school have confirmed that you cannot have a keyworker place without a letter, it is a different conversation with your employer.

You need to put in writing to them that you do not have childcare for your oldest child, and ask them formally to furlough you. You need to send them all the guidance about maternity discrimination and that they can furlough you without penalty. You need to ask them to put their conversations with you in writing.

SleepingStandingUp · 05/01/2021 13:21

@Cheeserton

What would you have done normally then? The point they were probably (very clumsily) trying to make is that if you've been off on maternity, you obviously should also plan for return if you intend to keep working. If so, they've an entirely fair point and if nobody is being furloughed by them then I can't see why they'd necessarily make an exception for you (though again, 'fraud' is bollocks. . .).
She'd normally send her child to school
Original poster
Bug3red · 05/01/2021 13:21

She would of normally gone to after school club. I did plan for childcare after maternity. I have a nursery place for my new baby, and my older child would of gone to after school club. The problem is the school is closed so I can’t access any of it?

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Cheeserton · 05/01/2021 13:24

Sorry, totally missed the older child.

Christmasnamechange1234 · 05/01/2021 13:25

I had to hand my resignation in last time. I’ve got a job now which allows me to cover all the childcare even with a lockdown. I took a 40k pay cut and as a single parent, that has been very, very difficult to accept.

Cheeserton · 05/01/2021 13:27

No, if this is all down to school being closed for corona then it absolutely does qualify under the furlough scheme. You need to find the relevant government guidance (gov.uk) and cite it to them.

NoSquirrels · 05/01/2021 13:27

If you work in an office processing orders, why has your employer refused to let you work from home? I think that should be the next line of attack for you, personally.

If you have a computer and access to email, why can you not work from home? Do you think it would be possible, or are there good reasons why your role cannot be done from home?

Original poster
Bug3red · 05/01/2021 13:31

It could be possible to work from home but without sounding childish they’re control freaks. We’re watched on CCTV at all times they micromanage. Working from home is not an option for them.

They absolutely could furlough me, they don’t know their stance in the first place. They told me they would have a look on Google and call me back! Exactly the same as I’m doing

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NoSquirrels · 05/01/2021 13:36

The point that you need to make - and that they need to understand clearly - is that

  1. you are returning from maternity leave and want to work
  2. you have already had a flexible hours request denied
  3. you willing to work full-time hours from home
  4. you have no childcare due to government action

and that if they don't furlough you, they could look unreasonable to an employment tribunal if you said it was constructive dismissal/maternity discrimination because you have tried everything you can do in order to return to your role, and offered flexible solutions, but they have been unsupportive.

They could well be right that it is fraudulent for them to furlough you if the work is there for you to do. But it might be in their best interests to furlough you anyway...

Bettydot · 05/01/2021 13:36

@Bug3red Have a look at the Martin Lewis website I saw a tweet this morning from him explaining that this is exactly how furlough can be used. Good luck.

tttigress · 05/01/2021 13:39

I think you are a key worker. Sign your older child up for school.

Respectabitch · 05/01/2021 13:44

Your employers are shitbags, and when this fucking lockdown is over, please look for another job.

In the meantime, they are clearly amateurs who don't know what they are doing, so I would play hardball and call on the law as firmly as you can. Communicate in writing and request replies in writing. Get advice from ACAS. Say specifically that you believe you should be allowed to WFH, that there is no reason that your job had to be done in the office, and that to treat you detrimentally because of your period of m/l is likely to be legally classed as discrimination. In the meantime, see if you can get a childminder or babysitter lined up - even if you just end up breaking even Vs your wages, staying in employment would be worth it.

If you can lay out that they are on shaky ground legally and get their response in writing, I think there is at least a decent chance that they will cave. Good luck.

Original poster
Bug3red · 05/01/2021 13:47

Oh yes they’re absolutely terrible. I did have plans for going back to study but issues in my personal life meant that got buggered up. Anyhow I am searching for new jobs every day but hard to come by that will fit in with young children and a pandemic on top.

I will write to them, with all information I’ve found and request they do it in writing. Thank you so much everyone for the advice I really appreciate it

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littledrummergirl · 05/01/2021 13:57

A couple of things.
Firstly, have you looked into parental leave. This is unpaid but may help while you look into furlough at least you will know the dc are being cared for.

Second. What does your contract say about cctv? Do they have notices telling you why they intend to use it? Look at GDPR rules around cctv.

Definitely speak to acas.

Ilovenewyear · 05/01/2021 14:15

I know it’s a long shot but are there any parents at school who would take her? I’m a SAHP and I’d like to think one of the other mums would ask me before losing their job. I would help out in this situation.

Original poster
Bug3red · 05/01/2021 14:19

I have looked into parental leave this is unpaid so I can’t really afford to do so. In regards to the CCTV, there is nothing in our contract. There’s no notices it just is. We sometimes get emails asking why we are taking so long in the toilets. They can see because we’re watched all day long by the bosses.

Any parents I know well enough to ask are either essential workers or are trying to work from home with their own kids.

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goosebumps · 05/01/2021 14:23

Honestly in your situation I would probably leave!!! Your universal credit will be increased and if its at all possible to manage on that maybe that's the best solution. Your employers sound awful and are making it impossible for you to work.

As you want to leave anyway can you not just look for a new job when the situation improves.

Original poster
Bug3red · 05/01/2021 14:25

If I leave voluntarily they will dock my universal credit. I will be able to survive in the short term on universal credit it’s it’s work need to get rid of me. So I’ve sent them an email requesting furlough formally. We shall see what they say

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