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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To refuse to do what my employer wants me to do?

82 replies

Confused222 · 03/05/2023 13:54

I am a qualified music psychotherapist and employed to work in a college setting. The company that employs me now wants me to mostly teach music on a regular long term basis when I go back from mat leave in August. I’ve never trained to be a teacher and was only employed to do music psychotherapy to benefit those with mental health issues.
I was told in the beginning I would only do psychotherapy and case studies/reports/ evaluations etc and work closely with mental Heath team etc etc. I had clarified this at the interview because I was the only music therapist to be employed when the rest are teaching staff.
now when I go back from leave I’m supposed to be a teacher?

I don’t know how to teach.
I have covered teaching classes in the past to help out when I’ve had space and always told the students that I was a music therapist covering a class for the session etc, so they wouldn’t expect me to really know how to teach them and just got on with their work as I was more of a supervisor on the day.

Some of my colleagues think I’m being stubborn as they’ve all had to move around and teach different subjects, but that’s the term of their contract and they are all teachers. Mine never said I would have to teach any subjects. They only change I could expect was to be moved around to provide therapy sessions in different locations. the company are telling me that I’ve always been a combined therapist/tutor but this is not true.

Genuinely don’t know what’s right anymore or what’s even really happening. I am worried about my clients as it means they will no longer get sessions that they were referred to for mental health reasons.. But if they were to come to me for music classes they might still want to open up about thoughts & feelings and then the lines could be blurry? Or they just won’t want to come back and go back to not having a support that worked well for them. Or the classes might not even be offered to them?
gutted as this is my dream job but feel like it’s slowly being pulled away from me and I’ll be letting clients down. I’ve been crying every day..

Can they do this? Or am I overthinking this? Should I just be grateful to have a job? Should I leave?

OP posts:
EsmeSusanOgg · 03/05/2023 14:44

Confused222 · 03/05/2023 14:41

Oh never heard of that thank you 🙏

For the first six months of maternity, an employer is legally required to give you your old (exact) post back. After that they can move you to a different role, but it must be similar and retain the same pay and terms & conditions.

OP needs to find her contract and the original job ad. She also needs to list out what duties she performed pre-Maternity leave and specialist qualifications required to do them, and compare with what they are now asking her to do.

FictionalCharacter · 03/05/2023 14:45

I’m with HCPC. I told my employer I’ll give them a call and they told me don’t do that Yes I bet they did! They want to to just agree, not speak to someone who will tell you they’re being outrageous.

Coffeetree · 03/05/2023 14:46

Confused222 · 03/05/2023 14:43

@Eeve Meant to say I will still call them
and yes it is madness I don’t understand how they don’t seem to understand my issue with it all

They're pretending not to understand.

Don't go back and forth with them. Just pleasantly ask them for your new job description and for a copy of your contract.

And then, in the background, contact your regulator and a lawyer.

helpfulperson · 03/05/2023 14:52

I would do a bit more digging into why this is happening. It sounds quite niche, have they lost the funding for the post? If so redundancy may be all you can hope for.

Toomanylatenightprogs · 03/05/2023 14:54

I don’t think this is something your employer can do. Contact ACAS https://www.acas.org.uk/contact , make sure you have a copy of your contract.

Contact us | Acas

Contact details for Acas, including phone numbers to call our helpline, training and other Acas services.

https://www.acas.org.uk/contact

Newestname002 · 03/05/2023 14:55

@Confused222

Yes I’m with HCPC. I told my employer I’ll give them a call and they told me don’t do that I’m overthinking the situation!

Of course they're saying this - trying to cover themselves for their mis-step.

Where/ how did you apply? If via a website/ agency there may be an archive copy you can reference.
Hopefully you can get a copy of the advert from here as a PP suggested. If you try there first with no result, ask your HR for a copy together with your contract.

I hope the other avenues suggested for advice prove useful fingers 🤞. I've seen Pregnant then Screwed recommended a lot on MN. Stick to your guns and Good luck! 🌹

Confused222 · 03/05/2023 14:56

helpfulperson · 03/05/2023 14:52

I would do a bit more digging into why this is happening. It sounds quite niche, have they lost the funding for the post? If so redundancy may be all you can hope for.

If that the case I’d rather they just tell me. And then give me the option to choose wether I take on a new role or leave.

but the way they are doing just seems off and dishonest. They haven’t once told me they don’t have space for a therapist anymore. They are just trying to make out I was always some kind of teacher, it’s messing with my head and I just few like I’m being mucked about really

OP posts:
Confused222 · 03/05/2023 14:57

Coffeetree · 03/05/2023 14:46

They're pretending not to understand.

Don't go back and forth with them. Just pleasantly ask them for your new job description and for a copy of your contract.

And then, in the background, contact your regulator and a lawyer.

Good advice thanks. I’ll do that 🙏

OP posts:
Confused222 · 03/05/2023 14:58

EsmeSusanOgg · 03/05/2023 14:44

For the first six months of maternity, an employer is legally required to give you your old (exact) post back. After that they can move you to a different role, but it must be similar and retain the same pay and terms & conditions.

OP needs to find her contract and the original job ad. She also needs to list out what duties she performed pre-Maternity leave and specialist qualifications required to do them, and compare with what they are now asking her to do.

Thank you I’ll do that thanks

OP posts:
Confused222 · 03/05/2023 14:58

Newestname002 · 03/05/2023 14:55

@Confused222

Yes I’m with HCPC. I told my employer I’ll give them a call and they told me don’t do that I’m overthinking the situation!

Of course they're saying this - trying to cover themselves for their mis-step.

Where/ how did you apply? If via a website/ agency there may be an archive copy you can reference.
Hopefully you can get a copy of the advert from here as a PP suggested. If you try there first with no result, ask your HR for a copy together with your contract.

I hope the other avenues suggested for advice prove useful fingers 🤞. I've seen Pregnant then Screwed recommended a lot on MN. Stick to your guns and Good luck! 🌹

Thank you I’ll do some further digging thanks

OP posts:
Confused222 · 03/05/2023 14:59

FictionalCharacter · 03/05/2023 14:45

I’m with HCPC. I told my employer I’ll give them a call and they told me don’t do that Yes I bet they did! They want to to just agree, not speak to someone who will tell you they’re being outrageous.

Yeh I was crying at the time but looking back it seems outrageous they’d say that

OP posts:
Confused222 · 03/05/2023 15:00

Comefromaway · 03/05/2023 14:43

This is not on. It would be the equivalent of the college nurse being asked to teach the Btec health & social care course, two totally different things.

What would be likely to happen is that you would make a hash of things and then they would be looking to get you out on competancy. Are you in a union?

No but looking into jointing one now

it’s just all so surreal and I’m too hormonal
for this!

OP posts:
Newestname002 · 03/05/2023 15:22

@Confused222

And then, in the background, contact your regulator and a lawyer

Check your home insurance to see if you have opted in for Legal assistance, which you might find useful for costs. 🌹

Meepledeep · 03/05/2023 15:25

Agree with contacting acas and/or pregnant and screwed. If they're completely getting rid of the role then that's one thing (although they still have a process to follow if this is the case), it's another if they're hoping for you to build up teacher numbers and want to be able to pull you away from your job on a whim.

Cantuserealname · 03/05/2023 15:29

I strongly suggest you get some legal advice. This sounds as though they are making you redundant from your substantive post, as a therapist, whilst trying to avoid any mention of redundancy.

lanthanum · 03/05/2023 15:45

You are not a teacher, you've not been trained to teach. You have done some cover supervision in the past (avoid referring to it as teaching cover) but that is all. I don't know exactly how "equivalent pay and conditions" is defined, but I would have thought that moving you to something you have not been trained for is not equivalent. Would they be offering you any training?

Hopefully you can get some professional advice to help you challenge this.

It's complicated, because it sounds like there may be a redundancy situation if they can't afford to continue the music therapy (although they don't seem to have stated this explicitly). If so, there is a rule that any woman being made redundant during maternity leave must, where possible, be offered suitable alternative employment (because it's recognised that it's a difficult point at which to secure a new job). If your contract says music therapist, you may need to seek clarification on whether this role is now subject to redundancy procedures. Whether what you're being offered is suitable is the other question. Do get advice, and don't get pushed into anything.

https://maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/ has some information about the redundancy/maternity issue.

(And start looking for other jobs...)

Redundancy during pregnancy, maternity and parental leave - Maternity Action

This page contains information on: Your rights if you are being made redundant Redundancy during pregnancy Entitlement to adoption or shared parental leave if you or your partner are facing redundancy Redundancy during maternity, adoption or shared par...

https://maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave

pollykitty · 03/05/2023 15:51

To me, this sounds like constructive dismissal. They have their business needs (a music teacher) and are trying to shove you into this box. You have every right to challenge this given that you are not a music teacher, as you've explained. I would seek legal advice.

LovelyBitOfSquirrelll · 03/05/2023 15:52

Great advice from PP’s, but just want to say how awful that they are creating stress for you when you are on maternity leave, when you are trying to enjoy the time with your baby. That time is precious, and your emotions will be all over the place (speaking from experience!) I hope you manage to sort it and enjoy the rest of your time off with your little one.

Confused222 · 03/05/2023 16:01

Meepledeep · 03/05/2023 15:25

Agree with contacting acas and/or pregnant and screwed. If they're completely getting rid of the role then that's one thing (although they still have a process to follow if this is the case), it's another if they're hoping for you to build up teacher numbers and want to be able to pull you away from your job on a whim.

Honestly feels like this may be the case!

OP posts:
Leftbutcameback · 03/05/2023 16:02

EsmeSusanOgg · 03/05/2023 14:41

Where/ how did you apply? If via a website/ agency there may be an archive copy you can reference.

That’s a good idea - there’s a website called Way back when (I think) that has archive pages from websites

Confused222 · 03/05/2023 16:03

LovelyBitOfSquirrelll · 03/05/2023 15:52

Great advice from PP’s, but just want to say how awful that they are creating stress for you when you are on maternity leave, when you are trying to enjoy the time with your baby. That time is precious, and your emotions will be all over the place (speaking from experience!) I hope you manage to sort it and enjoy the rest of your time off with your little one.

Thank you. Sure is emotional! I’m alwayvso accommodating, I never complain and not confrontational at all so it’s all feeling very overwhelming to have to deal with this!

OP posts:
Confused222 · 03/05/2023 16:03

Leftbutcameback · 03/05/2023 16:02

That’s a good idea - there’s a website called Way back when (I think) that has archive pages from websites

Oh goood thanks 🙏

OP posts:
Confused222 · 03/05/2023 16:04

pollykitty · 03/05/2023 15:51

To me, this sounds like constructive dismissal. They have their business needs (a music teacher) and are trying to shove you into this box. You have every right to challenge this given that you are not a music teacher, as you've explained. I would seek legal advice.

Yes does feel likes I’m being shoved into the wrong box!

OP posts:
Confused222 · 03/05/2023 16:07

lanthanum · 03/05/2023 15:45

You are not a teacher, you've not been trained to teach. You have done some cover supervision in the past (avoid referring to it as teaching cover) but that is all. I don't know exactly how "equivalent pay and conditions" is defined, but I would have thought that moving you to something you have not been trained for is not equivalent. Would they be offering you any training?

Hopefully you can get some professional advice to help you challenge this.

It's complicated, because it sounds like there may be a redundancy situation if they can't afford to continue the music therapy (although they don't seem to have stated this explicitly). If so, there is a rule that any woman being made redundant during maternity leave must, where possible, be offered suitable alternative employment (because it's recognised that it's a difficult point at which to secure a new job). If your contract says music therapist, you may need to seek clarification on whether this role is now subject to redundancy procedures. Whether what you're being offered is suitable is the other question. Do get advice, and don't get pushed into anything.

https://maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/ has some information about the redundancy/maternity issue.

(And start looking for other jobs...)

Thank you. I already know my pay would remain the same etc. So that’s not an issue.
i think they just want it for numbers really!

they’re going for quantity over quality

OP posts: