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

[Angelwoes]

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 :(

Constructive pay cases are very hard to win. You have to go through your company's grievance process before leaving to stand any chance.

There are some experts on the Employment Issues board. I suggest you repost this there.

You were offered a viable alternative but don't want it through no fault if your employer.

How informed were you kept when you were on Mat leave? Unless you were pre-warned about this before you went on leave you may have a case as you should expect to come back to the job you left.

This may be of some help:
www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/returntoworkbriefingfeb2013.pdf

You were offered a viable alternative but don't want it through no fault if your employer.

How is any old shift, be available 24/7 a viable alternative to Mon-Fri 9-5pm?

Meant to say: they can change your job if your previous role is no longer required, however they have to make the 'new' job similar in hours, pay, shift patterns etc to your old one. From what you have said your workplace is not doing this, but if they are then you may just have to take the job.

It all depends on if you would've kept the job had you have been there. If you would have lost your original job even without going on Mat leave then your employers are mostly in the right, but if it was made obsolete because 'they found they could do without you while you were away' it becomes more complicated.

Op was offered a job at another location but says relationship problems stopped her taking it, billy. Not the employers fault.

If your role was made obsolete and you do not want one of the alternative positions you may also be entitled to redundancy pay.

(Sorry to post so much. I will just say I am not a legal expert by any stretch of the imagination, but I had loads of problems when returning to work myself so did a fair bit of research in to employment law covering returning to work after maternity leave.)

What grounds have they given you for refusing to give you less/more flexible hours?

Not from my reading of the OP. After saying about the lies etc she says.

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

Perhaps the OP can clarify. It's also not clear whether you are back now or still on maternity?

Does/did your ex work for them?

Ring ACAS, they are great at advising on this - and free. It does sound discriminatory to me.

If you are single, then it's possible constuctive. But if you are returning woman (with child to work) it seem more discriminatory. It's always much more serious in the latter situation.

How long have you worked for your employer?

(I am an employment lawyer by the way).

Hi . . ok to clarify . . .

I am still on maternity leave at present, but due to return in six weeks.

I was not informed of any possible removal of my job before I went on mat leave. It all happened while I was away. I only found out what was happening when I contacted my boss about the bullying and hate letters I was getting.

I am definately NOT being offered anything like my 9-5 hours. Instead I will be made to do 12 hour shifts (daytime) and afternoon-evening shifts up until 8pm at night and also weekends.All of which are completely impossible because childcare can not be arranged for these times! With my old hours, I would have been fine.

I was told that I would have a job at the other location but now my employer has changed this offer in support of my ex (he is very popular and considered as excellent by everyone, despite him having terrible conduct and me knowing a lot about it), so that offer is now gone.

The new job is something that is a higher tier, more stressful, not in my area of speciality, and for much less pay than other team members get doing exactly the same role. But they can again keep me on the lower rung by creating a "job description" that in reality no one follows.

I believe I also fell into the trap of giving them free reign to force my resignation by taking over the 26 weeks maternity leave that would have protected me. I bet they were over the moon when I made that mistake, as they can get rid of me in a way that does not look like anything is amiss.

I have been employed with them for just over two years littleredsquirrel. If you have any advice I would be interested in your thoughts . . . basically I feel that I am being forced out of my job by making it impossible for me to arrange childcare, made much worse by refusing to let me drop my hours, which means that I would not qualify for JSA on leaving (what do I do in this case?).

I wish they had just done me the courtesy of making me redundant, giving me two months pay, then I could at least have JSA while I find something else. I feel this is my fault for being so stupid as to take more than 26 weeks mat leave.

I think the real situation is that I became a problem to them when my job went . . and they know that I will be forced to leave under their new conditions and have no money to fight a legal case . . . so they can save money by forcing 3 months more work out of me (I have to do this so as not to pay back the maternity money) and screwing my out of the couple of months redundancy pay that they could have given me if they were acting morally. So furious and feel powerless.

Have you spoken to your trade union?