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?

They sound awful. But you did resign a bit hastily. Anyway it's done now. You could try and get them for constructive dismissal especially since they did agree your hours and then changed it all.

How did people manage before these crazy
times?

OP, your manager has flouted clear rules, making it clear they do not want an employee with agreed flexible working arrangements, they have pressured you to the point you have felt unable to anything other than resign. I think a legal team would say you’ve got grounds for constructive dismissal.

Because you're entitled to nothing above CMS if the relationship ends

I very much doubt OP has grounds for constructive dismissal after just a week and without raising a formal complaint or making any attempt to resolve the situation.

Unless the pressure from her manager is something like ringing her every hour, day and night.

I know you quit, probably a bit flippantly, but I can see why if you were being put under unnecessary stress. Is anyone else being treated like this? Was it like this before your mat leave?

if not then contact ‘pregnant then screwed’ for advice or ‘maternity action’. Your manager sounds awful. You can also submit a grievance about the manager’s behaviour to HR even though you have quit. They seem unreasonable and their actions have been inappropriate during your mat leave as well as afterwards.

Agree probably a manager somewhere else! 😂If society wants women in work they have to make allowances and allow for flexible working. Childcare in this country is inflexible you can't just change the days your child is at nursery to suit your business. Men are not allowed much flexibility at all, it's shit and it shouldn't be that way but we all know it's true. My partner was having kittens about rearranging a work meeting so he could go to our youngest's Christmas concert. There was absolutely no way he could tell them it was for a school concert which I found absolutely bizarre! He put drs appt in his calendar. I bet Weefox is one of those people who moan about working at Christmas when people with kids get to have it off as well. 😂

Do you have anything in writing? If so they can't just go changing without express agreement and plenty of notice. As for contracting out of hours this can be seen as harassing depending on the frequency and reasoning. I would definitely run this all passed a union rep as really difficult to give sound advice without all the information

It's obviously up to you if you have decided to leave and can afford to etc, but my first action would've been to contact HR

Personally it irritaes me when people don’t bother to read properly.

Did you miss the bit where the agreement was made between both parties and the manager renegaded on that? Did you miss the bit where OP said that the manager was contacting her multiple times through mat leave like that it’s appropriate?

Did you actually bother to read what the OP put in their replies before piping up with your misinformed and arguably discriminatory comments?

I sincerely hope you’re not a manager.

Arranged childcare can't be rearranged easily, the manager sounds like an absolute tool.

I really don’t think there are grounds for constructive dismissal. Unless OP has already raised with HR they are not honoring the agreed hours since she returned and has raised a grievance.

I wonder if this could fall under constructive dismissal/maternity discrimination, creating a work environment not tenable for you to continue working there. However it’s tricky to prove. You could contact Pregnant And Then Screwed, that have a have a free helpline. Worth finding out your rights. But bear in mind, if you go down that route it can be an energy draining fight!

The fact that you were being called whilst on maternity leave is just wrong and HR should have sorted this out for you.

you can retract your notice if you did it in haste but the longer your leave it, then it can’t be withdrawn.
Do you have your hours etc written down?

ask for company mobile as you can say they don’t have the right to call you on your personal mobile anymore.

put in a complaint and don’t speak to manager anymore. Get them to email you so you have a paper trail.

or if you can survive then don’t go back. If you are sick then they aren’t allowed to contact you about work. Only an agreed well being check.

Just refer back to the agreement and say you are unable to agree to any change. Stand firm.

Hi
So the manager would frequently call and text six weeks before my return date and then would email HR that I wasn't answering her and CC me in the email.

Even on my return she would be constantly texting back and forth, I found her very stressful deal with to be honest plus dealing with the constant change of plans.

I did receive an "exit survey" on Monday asking me about the reasons why I left and
I stated the reasons and I have been advised HR will be in touch to discuss my feedback.

I hate the job to be honest, it was Outound sales, call after call and unrealistic targets.
No real change of career progression, I had been there since lockdown started.

I am now going back to beauty (a job I loved) and I'm in the process of getting website done, getting insurance etc.

OP wasn’t dismissed

You over reacted you are entitled to reasonable adjustments. You should have complained about LM. You just turn up and do your contracted hours. Switch the work phone OFF. She is harassing you and she is not entitled to ask you to work outside of your contracted hours.

your call if you want to fight or get something else but I would stay working so you have independence. Think it will be harder to get a new job to fit your hours than fight for this one

Constructive dismissal is when conditions are made so unpleasant for someone that they feel they have to resign. It doesn’t mean actual dismissal

Reading between the lines OP, your manager is very demanding and personally I wouldn't accept being constant texts out of hours like this. I think it's unreasonable, whether you've got children or not.
I'm wondering if you are being managed out of your job? It's a conversation to have with HR, especially if you are having to pay back mat leave.

You should google stuff if you don’t understand it! Constructive dismissal is not what you think it is. 🙈

Constructed dismissal. Harassment by manager possibly.

This. Or rather, do the following

• raise a grievance against your manager for harrassment, stating that they are not confirming to the written agreement for your return to work hours
• Keep a diary of what has happened and continues to happen
• explain that you have resigned in protest about their behaviour but are prepared to reconsider your resignation if your grievance is resolved satisfactorily.
• If it isn't, confirm your resignation in writing but say you will be taking them to tribunal for constructive dismissal.

I'm not normally a fan of CD claims, but in this case you have written documentation of your return to work hours and they have clearly breached this. And of course you should include the fact that buggering up your agreed pregnancy return to work means they have breached all sorts of discrimination laws. Definitely worth pursuing a monetary resolution rather than just walking away! (Be clear in your own mind about what it will take to persuade you back to working for them, but I suspect if you make an Enormous Fuss, probably with solicitor support, they will be quite keen to pay you to go away.)

(and if you feel it's too late for all this, just get as many ducks as you can into a row and mention in your exit interview the real reason that you left and the fact you will be raising an ET on grounds that they have constructively dismissed you by breaching the return to work agreement and harrassing you. Should induce a nice brown trouser moment with the HR rep.)

I'm pretty sure that employers are not allowed to contact an employee whilst they are on maternity leave.

Changing your hours sounds dodgy too.

Definitely contact ACAS - looks very much like a case of constructive dismissal.