Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Request to drop hours after mat leave turned down sort of - confused please help!

2 replies

nothingcomestonothing · 05/09/2014 11:09

I am on adoption leave, and requested to drop 1 1/2 days when I return to work, as the children have additional needs and can't cope with much childcare/after school care. Today I got a letter from my manager saying she won't allow me to drop the hours. However she will allow it, if she can recruit someone else to take the hours I drop. The she says she if she can't recruit into those hours, she is expecting me to come back on my full hours.

I am due to end my leave in 10 days, but have got annual leave to take so won't be going back until late next month. the letter says this needs to be resolved prior to my official return, ie the date next week when I officially change from being on adoption leave to being on annual leave. I don't know what resolution she is expecting, and I don't know what or even if to reply. I cannot go back to my old hours, the children's needs just don't allow it. I made this very clear when I put in the request. Should I reply saying that? Or saying if I can't drop my hours I'll have to resign, because that is the reality? Or would that be shooting myself in the foot in some way? I confused as to what reply I should make or what my options are, can I appeal or something? Please help if you can!

OP posts:
windchimes23 · 05/09/2014 12:44

Ok, I'm assuming that you did this by requesting it within your statutory rights. I am not a lawyer but have recently been through this, appealed and won.

What reason did they give to say you can't reduce your hours? They can't just say they don't want you to, and also you have the right to appeal any original judgement.

You need to send them a recorded letter signed and dated, stating that you are appealing the decision. You can appeal for any reason, including if you do not agree with your employer’s decision, as well as if your employer did not follow the procedure or consider your request in a reasonable manner. If they still say no, they have to hold an appeal meeting with you within 14 days and notify you of their decision within 14 days of the meeting. Do not suggest resigning, do not be bullied.

Contact ACAS they will be able to advise you.

I'm not sure on this, but if you have to resign due to genuine request to reduce hours under your statutory rights you may have grounds for constructive dissimisal, because you can often get them on not following the proper procedures. Get legal advice in real life and be prepared to fight it out, good luck.

nothingcomestonothing · 05/09/2014 19:58

Yes I requested it formally, on the required form and met with my manager to give the form in. The reason given to refuse the request is that demands for the service and current staffing levels requires my original amount of hours. Saying this though there is no one else in a similar role to me in the team, so although other staff have reduced their hours and one has just resigned, they don't do the same job as me - so the team is short staffed but short of people in different roles to me, if you see what I mean. So I think the manager is panicking that the team is depleting and wanting bodies around rather than specifically someone in my role for so many hours. I am scared whatever I reply will give them ammunition, because all I can reply is that I just can't do the hours they want any more. If I'm forced to go back to those hours I'll have to take annual leave for every day I don't have childcare til I use up all my annual leave, and by the time that runs out no doubt I will be under so much pressure I will go off sick with stress. But saying anything like that seems like a bad idea!

I will try ACAS thank you - tried CAB today but they couldn't help. I think I need to shell out of a solicitor. Thanks for your help.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread