Returning to work after mat leave feeling unwanted

[Working95]

Hello

I am on maternity leave due to return Mid-May. The first two weeks of May are annual leave.

When I return, I have requested to reduce my hours. And have my working from home days written into my contract. I used to work two days per week from home 2 years before pregnancy. I also requested to extend my maternity leave.

I submitted my flexible work application Mid December. I was told instantly it was accepted and that a contract would follow early January as the service would close over Christmas. Early January I had a chat with my manager who confirmed again that it had been agreed and he would make enquiries to get a new contract to me.

Since then, I have received nothing. I have chased every few weeks to be told that he is waiting on xyz from finance manager. After months of this, I contacted Finance manager a few weeks go who said they were unaware of any changes and havent been asked to provide anything.

I dont want to be this person but I am feeling anxious at returning from a long period away (first baby) and I have so much guilt about returning and putting baby into nursery (nothing to do with employer i get thats my responsibility) but this is making it seem unpleasant. Like I am not wanted back or not a priority.

I am the HR director so have told them multiple times that they have 2 months to respond and give an outcome to a flexible work request and that they are currently in breach of this policy. My replacement seems unbothered by this and keeps telling me "but its been agreeed". I just dont understand how its 5 months later and they are unable to document it.

What would you do? I have drafted an email to say I wont be working anymore keeping in touch days until it is sorted out. I also said that given I am in a no pay period I trust it is going to be processed accordingly or I will take it further.

Dh, dm and friends thinks i am making something out of nothing but it feels off and I wouldnt allow this to happen to someone if I were there.

Thank you

Sorry if this feels dramatic but I just dont understand this issue if its been approved. I lied last month and said nursery were pestering me about days and I can't confirm until I have this agreement. They apologised and said it would follow the next week. It didnt.

Returning to work following a baby is always an anxious time the feelings on this are normal. They have agreed to the hours etc so not sure why you will feel any better with the paperwork it will come when payroll is processed they won’t over pay you. You are just not on the immediate to do list. Personally I would focus on the last few weeks with your baby and not on some paperwork that is just a formality. They have agreed your flexible working. Had you not had a response I would be concerned but just awaiting on the paperwork is not a hill I would die on.

I know i just dont know if I am being dramatic. I am not looking for reasons not to return but this is making me wary

Returning is difficult (been there twice!). As an HR professional, you know they have responded to you and confirmed. I agree it’s bad practice not to get the contract to you though.

You are awaiting the paperwork. If you like the job there is little point is damaging relationships and kicking up a fuss.

If you feel unwanted now, this won't improve after you send them a threatening email (no matter how justified it may be). You, presumably, had an agreement in writing. So you know it is happening. The rest is a formality that nobody is in any rush to sort for an employee that's not returning to work for another month.

You're making things more awkward. You're becoming a PITA and PITA's are ignored.

Stop confusing and escalating the issue. KIT days, quoting FW policy timescales at them, mentioning nursery, threatening to 'take it further'...it's just noise. Annoying noise for them, and some people hearing about this now probably don't even remember what the issue is - you've got too far away from your point.

Your request for contractual changes has been verbally accepted but you've yet to recieve your new written contract. Where is your new contract? When will you receive it? That's all you should be asking, on repeat.

I can see all your points. Maybe I will stop worrying.

You are right to be concerned. I think you should send an official statement requesting your contract is provided to you as per the two month requirement and the written confirmation that you have previously received that stated that your updated contract would be provided to you in January.

reiterate that you have been informed in writing that your reduced hours and flexible hours that you are legally entitled to request have been agreed and they are in breach of regulatory obligations by not complying with your request for your updated contract.

your role is protected by legislation and they cannot intimidate you by their refusal to adhere to policy. Good luck

As an HR Manager you must be aware that many people fall into HR and they're not all ... erm ... very good? Look on the bright side it doesn't look like your replacement is exactly setting the world alight with her efficiency.

your role is protected by legislation
What do you mean by this?

I don't understand why you told them that they were in breach of the flexible working policy because they haven't given you an outcome within 2 months? They have given you an outcome, though, they just haven't issued the revised contract yet.

Presumably they have confirmed the outcome in writing so what's worrying you exactly? Yes, it's pretty inefficient, but you're not due back until May so perhaps they don't consider it to be urgent.

What's the concern, exactly? What difference will it make to you having the revised contract vs written confirmation of the agreed changes?

They are in breach.
The employer should also change the employee’s contract to include the new terms and conditions.This should be done as soon as possible but no later than 28 days after the request was approved.The 2 month timeframe has to be start to finish and include any appeal time.

They can’t fire you or otherwise influence you to leave because you are on maternity leave. What you have described sounds like they are trying to create a scenario where you get bored and give up.

If it were me I would be pushing the manager to either make a decision or to issue contract. I would advise this was potentially creating a hostile environment which could have potential for constructive dismissal.

It's really hard, OP. I'm a teacher and even though I told my manager and had verbal approval of returning 3 days a week (they planned for it when making the timetable), I sent my flexible working request I think in May and didn't get a response until late Sept/Oct.

Then they'd sent a reply to my work email which I wasn't checking and ended up calling me while I was away from home asking me to send some written agreement to my contract amendment that afternoon because they'd only just spotted the deadline was that day.

Point being, I went back to work 3 days and it was all fine. You've got your request in writing, which is the important thing and they're the ones in breach. I looked at it like if they'd insisted on me returning full time, I would have just quit - are you in a position to do that?

How on earth is it grounds for constructive dismissal?!

Potential grounds for constructive dismissal. Firstly breaching legislation and not following policies. Potential being the main word. I'm not saying it would be constructive dismissal without a doubt but it could be especially if other factors are involved. Tribunals dont take kindly to employers not following procedures. Even if the employee is in the wrong!

If you have a change in your contract agreed in writing (ie in an email) I think you have enough to go on legally without a formal contract change, as the company have agreed to it in writing - and that's all a contract is. So I really think you should leave this - you can chase the official new contract when you return, but it's unnecessary imo

OK, so they had 28 days after informing you of the outcome in which to issue a new contract. They have obviously missed that, but surely that's a separate issue to the flexible working request, to which you received a response within the required timescales?

But now you're talking about constructive dismissal because of a failed administrative process, so I'm really not sure what to say. Your employers are undoubtedly being inefficient and they should have issued the new contract, but you sound like hard work tbh.

I’m sure they’ll be delighted to welcome you back, you don’t sound like hard work at all.

I am not saying its constructive dismissal for me. It would be highly unlikely as this is an isolated case. But if I were advising a manager, I would say that. Not hard work just know my rights and have empathy.

Well its part of the same process.
I know this might not seem a big deal but companies cant pick and chose when to follow legislation or processes.
Apologies for grammar / any typos i am on my phone!

I think just keep politely chasing for the contract but don’t make a pain of yourself. Could you go in for a KIT day to ease your concerns?

Plus try to rationalise what you’re worried about- is it just the paperwork or are you worried that they’ll go back on their word? If it’s the latter then try to speak to the relevant people face to face or arrange a teams meeting rather then just sending emails.

Don’t psyche yoursef out of a decent job and ruin the last bit of mat leave because the admin is a bit crap. Chances are people are just busy and you’re not the top of the queue but this will get sorted once you’re back.

Plus constructive dismissal sounds a bit extreme given that they have agreed it- and at the end of the day do you want a year of tense emails followed by an employment tribunal or would you just rather go back to work in a job that suits you?

Re-reading your first post as well it sounds like you might be trying to find a reason not to go back at all which IMO would be a massive mistake. They’ve agreed your request and the job market is not great at all in most areas at the moment. It might take a long time for you to find something decent with the same flexibility.