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Can my employer do this? Really need help :((

7 replies

Angelwoes · 07/05/2014 21:36

Hi all, I am in a horrible position and I really need some advice.

Basically I had a Mon-Fri 9-5 job. I went on maternity leave and my job was made obselete and was moved to another location where there are two other people doing the same job. I was offered a place there but I am unable to work there to a malicious ex trashing me and lying to the whole team because he is a truly evil person. That aside, my boss has refused to cut my hours and has put me into a job where I would be given completely random hours to work on a 24-7 rota, long days; basically hours that are impossible around childcare. Also doing a nursing role I never wanted to do and woukld nefer apply for.

Unfortunately, my contract is deliberately wooley and says that working needs to meet the needs of the service so the 9-5 hours I have worked for 3 years apparently mean nothing.

So essentially, I am being forced out of my job because there is no childcare at the weekends and it is just me caring for my child.

They have made sure that they have dotted the i's and crossed the t's with regaards to offering me alternative employment as I am covered by maternity laws. However, I wasof the understanding that you were supposed to be offered "Better conditions/pay or equal". In this circumstance, I feel that I am facing constructive dismissal.

Do I have any case for this? Pleae if anyone can offer any advice? I feel that I have been utterly screwed by work. I even told them I wanted to leave because my ex was inciting colleagues to send me hate mail. I stopped applying due to assurances from my boss and she said "Don't leave". I feel so stupid :(

OP posts:
Littlefish · 07/05/2014 21:43

How long were you off on maternity leave?

Angelwoes · 07/05/2014 22:04

I was off originally for 26 weeks - but then I needed a bit longer . . so unfortunately I have been off for 39. I think this means they can change my job :(

OP posts:
MrsMaturin · 07/05/2014 22:09

Have you made a complaint about your ex's bullying behaviour?

feathermucker · 07/05/2014 22:12

Do you have a HR Department or are you in a Union? What does your contract say? Is it a big company?

TheMightyMing · 07/05/2014 22:13

Post on employment issues and hopefully the amazing Flowery might be able to help?

Littlefish · 07/05/2014 22:19

My understanding is that if you go back after ordinary maternity leave (6 months), then you have the right to return to the same job. If you return after additional maternity leave then you have the right to return to a job on similar terms and conditions, but it doesn't have to be the same job.

I agree that you should post on the employment thread area to get more specialist advice as I'm only repeating what I think I've read on here. Grin

Jbck · 07/05/2014 22:26

Do you have the right to return to the same position? If not, what does their policy say about new position.
Possibly argue constructive dismissal?

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