To resigned from job?

[chrissy886]

I came back to work from maternity leave last week and the hours, times and days that were agreed have since been moved around so much and not accommodating to my childcare arrangements.

Manager would call and text even out of hours which I found quite stressful and always wanted to push the time back like for example a 5pm -8pm start (when partner would get back from work) start was agreed and now all of a sudden she wanted to change it to 10am and pressuring me to start when the team starts (I work form home).
It caused havoc.

My child is teething, having sleep regression and I am exhausted to be honest with the lack of sleep on top of dealing with her constant change of plans.

I have had a bad cold this weekend I called sick yesterday and she wouldn't stop calling.
I emailed HR this morning to advise them that I would be leaving immediately as it just didn't seem to be working.
Have I acted rationally or was it the right thing to do?

You should have taken this to HR and asked for there help in resolving it. If you had an agreed plan for return to work which your manager has ignored and rewritten, you have a legitimate grievance. Surely you have a notice period?

Walking out with immediate effect without an attempt to sort it seems irrational and extreme as a 1st response. i sympathise as it can be bloody tough going back after maternity leave, but you have to give it a proper chance.

@Namechangey23 I agree OP may have a claim for constructive dismissal.

@chrissy886 Let HR know you’re seeking advice on that.

https://www.acas.org.uk/dismissals/constructive-dismissal

All those saying constructive dismissal... the OP would have a very hard job proving that when she has flounced without even raising a grievance! The usual expectation is that you attempt to resolve matters before rushing off to tribunal.

Constructive dismissal is notoriously difficult to prove op has taken no actions to try and address managers behaviour

Noone knows what might have happened if op escalated the issues with her manager it could have been sorted out but she just resigned.

If you want to leave speak to HR about whether there's any pay to repay. Technically you've got a notice period you should work but it's more hassle than it's worth for businesses to pursue you for breach of contract. It does of course mean you'll not be paid after your last day in work. Make sure they pay your accrued annual leave.

If on reflection you want to stay and on discussion the issues are resolved ask to retract your heat of the moment resignation. Escalate any attempts by manager to deviate from agreement.

I really dont think suggesting pursuing legal action and promising settlement agreements will be forthcoming are helpful tbh.

Yes, this. The OP has been back at work for a week. Even if she's raised concerns formally (and she doesn't say that she has) it's too early to say that her employer will not investigate and resolve them.

It sounds like OP's issues are as much to do with adjusting to being back at work, her child needing attention and her own illness, as anything at work.

However, it also sounds like she really wants to be a SAHM. If that's the case and her partner is on board (subject to caveats about protecting herself financially) then that is up to her.

It sounds an absolutely terrible job OP. Manager's should not be looking to change anyonrs working hours without notice, repeatedly call when you're on mat leave or off sick etc. That kind of thing is extremely stressful and you can't really reason with a manager who thinks it's acceptable. And you can't really work there while you find another job either if they're messing you about that much, if you don't have full time childcare sorted

Agree if you're not married though you need to get back to work

OP you have to make mental health and happiness a priority and I think you have done that. YOLO as kids say. Only you know what you can handle at the moment. It sounds like you have a lot on your plate with your LO so perhaps doing your beauty stuff around your child is the best option. Sales is awful and a really toxic environment isn't it? I for one am glad you're out of it. Your story sounds a bit similar to mine. I wasn't in sales but worked for a corporate company who forced me out while I was on mat leave by telling me the previously verbally agreed part time hours were no longer an option and I had to go back full time or not at all. I took the money and ran. At that point I realised I would never prioritise work over anything else ever again as you are just a number on a spreadsheet. You've done the right thing. All this talk of going to HR and constructive dismissal, fine if you have the headspace and fight in you but it sounds to me like you need to prioritise yourself. If you want a bit of vengeance write a really bad review of the company on the jobs website Indeed with a 1 star review. 😈
Also check out this website. Lots of advice for those of us who have been pregnant and screwed by the system. Advice on flex working etc and what your rights are if you can be arsed to fight it with HR.
https://pregnantthenscrewed.com/

Although it was probably a knee jerk reaction, good for you! Fuck them, I say.

Phone Maternity Rights Advice Line – 0808 802 0029. They can give some idea if you have any legal options.

https://maternityaction.org.uk/advice/pregnancy-discrimination/

You may have a case for harassment. They can change your hours etc as a business need but you should have been consulted. The fact you weren't consulted and left because of the changes could amount to constructive dismissal. You should have tried to resolve it through HR.

I think you should always make sure yourself a union because if nothing else you will get free legal advice. Most will give local support with existing issues but the free legal advice doesn't usually kick in until you've been a member for 13 weeks.

Of course see you can and should quit.
By the sounds of it though you’ve done it entirely the wrong way - though I do understand why.

• you may need to pay back maternity pay as you’ve breached contract (just a possibility).
• you’ve left yourself very vulnerable if not married.
• You may have a case for constructive dismissal - contact acas.
• it was always going to be hard - returning from maternity leave is the pits for 99% of women regardless of having a lousy manager.

Get married if you're going to be a SAHP. Pronto.
Find out if you need to pay back enhanced mat pay. Pronto.

If you have those agreements in writing or email or SMS form, then:

1. Tell the manager involved that you will work your agreed hours
2. Tell HR the same - if you have an HR department/person
3. Check with local CAB if this constitutes constructive dismissal
4. Work out your notice professionally, including handover, while you look for another job

If you don't have your new hours in writing, then the only thing you can do is step 4

I'd be interested to know what happened before OP was on maternity leave.
Was it normal to ring in and ask people if they could change start times at quite short notice?

If so, there is no harm in the manager asking. But OP is at liberty to say "no" and refer to the agreed hours.
She's only been back a week. How much calling and texting has there actually been?

Exactly this! Your mental health, especially as a new mum, has to take priority.
Your situation as you’ve explained is you have financial support at home and have the back up of doing beauty treatments for income when you leave this job. Your partner also supports you leaving the role.
To me, it’s a no brainer, the decision might have been different if the above wasn’t in place but you have the option to leave so fuck staying in a job that makes you ill!!
it’s done now OP and was the right decision for your family, don’t replace work stress with stressing about negative mumsnet responses to your post

Personally, it irritates me when new mums expect and then get priority treatment at work. I think many would agree with me.

You should have asked for a chat with your manager to see if you could have arrived at a compromise. Flouncing out rarely works, and you won't get a good reference.

I think you’re probably be the manager from this post 😂

I agree with both points

Neither HR nor a union are going to alter the fact that you have (had) a CF for a manager.

You did the best thing possible OP.

My DW has done the same in similar circumstances.

Im with you on the one op

Working hours have been agreed. It's your boss going back on the hours not you

Get back to beauty and or find another call centre roll.

You don't even need this job so do not vais yourself stress over it

Why

Yes do this

My advice is based on having been HR in a similar industry (not call center) although I'm several years clear now.

Do I think OP could actually take this to tribunal and win? Probably not, especially without correctly following internal grievance processes.

If someone finds themselves in a similar situation the correct process is to go to HR and make a formal complaint that your flexible working arrangements aren't being followed, but that's no longer an option here.

But there definitely is enough here to make a legal headache for HR, and if you want to leave the goal is safe exit - no repayment of enhanced maternity benefits (although part time in a call center I'd be shocked if they offered any), a clean reference and ideally PILON.

If you can manage financially, then good for you. Honestly, we’re not just here to pay bills and die. Being miserable at work shouldn’t be the norm. Enjoy your time with your little one. There will be other jobs.

I’m surprised your HR department aren’t bricking themselves and aren’t trying to contact you to sort this out. What they’ve done to you sounds like constructive dismissal and your quitting doesn’t harm that position.

Get in touch with a solicitor who specialises in employment law - I’m pretty sure they’d be able to get a settlement for you from this firm.

I don’t agree with you. Most decent people wouldn’t.