To feel that I'm being treated unfairly at work?

[careerchangemaybe]

I'll try to keep a long story short and just the facts - trying to be as objective as possible.

Recently returned to work from 10 months maternity leave - been back 6 weeks now. I have struggled with my mental health whilst on maternity leave quite significantly - I spent some time admitted to a mother and baby unit when my baby was born, and have struggled on and off with anxiety and low mood throughout my maternity leave. I have been seen regularly for therapy by a perinatal mental health team, who are fabulous and have helped me lots.

Part of my struggles relate to separation from my baby, which sends my anxiety into overdrive. Hence the return to work has been extremely hard indeed, to put it mildly. But I've put a brave face on and tried to just get on with it thus far.

I submitted a request for flexible working / reduced hours to my manager. I wanted to go from FT (37 hours a week) to PT (33 hours a week). So in effect I'm asking for a reduction of just 4 hours per week. It's been declined. On the basis that it cannot be justified in the current for climate of severe staff shortages and the service being at crisis point as a result of Covid (I am in a large public sector organisation).

However, I know for a fact that some other colleagues work flexibly and have reduced hours, for their own reasons. So in effect I am being treated differently because of the work climate at the moment.

I honestly feel as though I will end up on long term sick if I have to continue to work FT hours. I am asking for a small bit of flexibility to enable me to keep working and to meet my health needs.

Am I being unreasonable? Any advice on how to proceed with this? I'm really lost. Thanks.

Fingers crossed you can do those extra 4 hours at home. You’ll get your day at home and won’t lose any money

How stressful for you! I remember being pushed into going back to work too early after my son was born (5 months) and I really really struggled and was very unhappy. I think I lasted a few months then quit. I ended up having a few years being a full time mum and doing a little freelancing then went back to full time work when the kids were older. I would look around elsewhere and take some time out if you can afford to.

- My manager does not have an issue with me working FT hours over 4 days - so the compression is not an issue. The issue is the reduction, ie losing 4 hrs of my time.

Then the real hurdle is your childcare provider's hours. Is there absolutely nowhere closer to work that does longer hours? 5.30pm is an unusual cut-off for childcare and not conducive to most people's hours.

I don't think it's especially helpful in this case getting stuck on the fact that others were allowed flexible working in a different work climate. Surely the work climate having changed is a fundamental difference that dictates they can't be flexible any more. Feels like a dead end 'not fair' argument so better to see the bigger picture and pursue some of the more constructive possibilities on the thread. Hope you find a solution - and feel much better in yourself - one way or another.

Hi OP, you’re getting some good advice here, but all I have to add is that it’s all very well joining a union, but as the situation you describe is ongoing and will predate your membership, they may not be able to help you. It may be union-specific, but this happened to me…I joined a union to help with support and guidance for a work issue, but they were unable to give advice on a ‘now’ issue. Worth checking before you join.

[quote girlmom21]@careerchangemaybe definitely change one. I know someone who was on a stage 3 disciplinary but because OH had recommended changes the employer had rejected the union rep got them to end all disciplinary proceedings and do what the professionals had suggested [/quote]
I think you are using disciplinary in the wrong context here

@DoubleChinWoes2 no I'm not she was on a disciplinary for sickness-related absence which would've been avoided if they'd followed OH's recommendations

@MajorCarolDanvers has given you sound advice on how to proceed.

Sadly while it feels unfair, I can completely understand the business side of this. If things have shifted and due to other already approved flexible working resource is such that they cannot afford to lose that half day then they have to reject the request. If that means losing a good member of staff sometimes while a great shame, that would just be what has to happen and the pain of retraining someone to cover the full resource requirement would have to happen. It's not necessarily easy to the cover that shortfall. In terms of someone wanting to work that short period of time, and budget for that resource (you haven't freed up a full head count, just a tiny portion) it becomes a much bigger pain than just replacing you.

I think going to OH and potentially having your request supported as a reasonable adjustment by them/your medical professionals is your best bet here. Although, I’ve dealt with a lot of similar requests recently and OH almost always say good to consider but up to the business to decide.

Re the “other people have it” thing - I inherited a team recently where lots of PT working arrangements has been given out to suit the individuals without an eye on the business and it’s an absolute bloody nightmare to run the service.

I highly recommend reaching out to Pregnant Then Screwed. They can offer free legal advice for exactly this situation.

@JuicySatsuma85

I highly recommend reaching out to Pregnant Then Screwed. They can offer free legal advice for exactly this situation.

Thanks - I've heard of them before.

There’s no point trying to go down the occ health / fit note / equality act / disability / reasonable adjustment route as you don’t have a leg to stand on.

I've asked to reduce and compress my hours for MH reasons, as having a fully day off per week would help massively with my recovery (this view is supported by MH professionals working with me since my baby's birth).

My manager does not have an issue with me working FT hours over 4 days - so the compression is not an issue. The issue is the reduction, ie losing 4 hrs of my time.

Right so they are willing to accommodate you working 4 days a week instead of 5 which is what you need to aid your mental health recovery i.e. they are giving you exactly what you asked for and require as per the MH health professionals working with you on recovery.

Ideally this would be FT hrs over 4 days (this way I'd also not lose any money). However, I can't work FT hours over 4 days because my childcare provider doesn't work past 5.30pm, and it's 30 min drive to her house from work, so there's no way I can leave work later than 5pm on those days.

So the reduction in hours isn’t for MH health reasons but purely childcare.

They declined your flexible working request due to legitimate business reasons - which you agree exists - but then offered you an alternative of the same hours compressed over 4 days which gives you the day off you need for your mental health recovery.

The fact they offered you an alternative and tried to compromise / meet you half way shows they are trying to be fair and accommodating. Childcare isn’t their issues and isn’t solely yours either considering you have a partner who should be sharing the load and finding solutions.

I find it interesting that you chose not to mention their alternative proposal at the start and instead framed it as if they had turned you down flat and then moaned about everyone else getting their requests accepted; for all you know they may have accepted alternative proposals too.

It’s also interesting that you’ve framed this as a mental health issue / need when it’s not (as you’re being offered what you need to recover) and it’s actually a childcare issue when you get right down to it.

If some of your job can be done remotely then that sounds like a possible way out - once you don't have to fit in commuting times then you might have a bit more flex in terms of "take half an hour to get child but then add the half an hour back on the end of the day since you're now home anyway".

Of this will be me,too OP fully expecting my request for less /different hours to be denied as I work nights
But the same shift pattern in the day, have several mums accommodated and positions found for them.

There’s no point trying to go down the occ health / fit note / equality act / disability / reasonable adjustment route as you don’t have a leg to stand on.

Interesting - my Occ health dept who I've just spoken to couldn't disagree with you more.

I think you should look for a nursery nearer work (I'm sure you have though) as that would make the hours possible and mean the baby was nearer which might help psychologically? I had to use a nursery near work for several years in order to get to my teaching job on time. I've never heard of childcare closing at 5.30 either. It's all 6pm round here or sometimes later.

Which was annoying as I actually needed 7 till 4 but had to pay till 6...

As an employer myself, I'd be a bit put out in truth if I'd had to cover someone for 10 months, then they came back and wanted to change their working hours. All of this should have been agreed/discussed before you went back and that way you would have been in a better position to negotiate.

In the kindest way, what you've been through sounds awful but it's got nothing at all to do with your employer who just wants you to go in, do your job and pay you. I'd be very careful dealing with this if you want a decent reference going forward.

@Phineyj

The only nursery near my work with spaces is not somewhere I am prepared to leave my baby. I'd go as far as to say that I was tempted to report to Ofsted after my visit there last summer. Dreadful what I witnessed in the baby room.

@careerchangemaybe

*If it is about staff shortages then your manager is being very short sighted as surely it's better to have you 34 hours a week than lose you to a more flexible employer. *

Yep - had this exact discussion with my OH last night. I'm already looking elsewhere, so now for the sake of 4 hours a week they are going to potentially lose a good member of staff and have a gap of 37 hours a week.

You need to see it from their point of view. They're not going to have a gap of 37 hours because they can get someone else in to work 37 hours. If you drop four random hours here and there, they can't employ anyone to fill that gap.

I also work in the public sector. It anyone wants reduced hours its job share or nothing TBH.

I'm in a similar boat so following with interest. I feel for you, I know how hard it is

@BoodleBug51

As an employer myself, I'd be a bit put out in truth if I'd had to cover someone for 10 months, then they came back and wanted to change their working hours. All of this should have been agreed/discussed before you went back and that way you would have been in a better position to negotiate.

In the kindest way, what you've been through sounds awful but it's got nothing at all to do with your employer who just wants you to go in, do your job and pay you. I'd be very careful dealing with this if you want a decent reference going forward.

I did raise it before I went back - on my KIT days. The manager replied with words to this effect: "We can discuss this more when you come back in January, but I'm certainly open to considering options that mean you can transition comfortably back into the team". His attitude is entirely different now.

I'm not sure what you mean about being "put out" that you'd had to cover a woman's maternity leave. But it's an entirely inappropriate and borderline discriminatory attitude.

@Shitlooking

I'm in a similar boat so following with interest. I feel for you, I know how hard it is

it's not fair but businesses do change goalposts and some benefit and others don't.

I have a 6-month-old and when she was born DH work offered 2 weeks of paternity and he took a week's holiday leave then had to go back, pretty standard.

DH's work is constantly passing from management to management and 2 months after she was born the companies new management upped it to 6 MONTHS paternity leave (pretty rare and forward-thinking).

Despite her only being 2 months old at the time, we weren't allowed it as she was born before the rule change was implemented.

I think it's not fair that someone going through the same thing only 2 months later is allowed 12x the amount of leave but what can you actually do about it - life just isn't fair sometimes.

It's been declined. On the basis that it cannot be justified in the current for climate of severe staff shortages and the service being at crisis point as a result of Covid (I am in a large public sector organisation).

and then they wonder why there are staff shortages...

@careerchangemaybe

There’s no point trying to go down the occ health / fit note / equality act / disability / reasonable adjustment route as you don’t have a leg to stand on.

Interesting - my Occ health dept who I've just spoken to couldn't disagree with you more.

Then you’ve either lied to OH or you’re lying here.

You clearly said you need a day off a week for mental health recovery - as per the recommendation of mental health professionals - which you’ve been offered in the alternative proposal so your employer is fully meeting your needs on that score. The quibble about the extra 4 hours is a childcare issue only.

Funny how you didn’t refute anything else in my post.