Increase in days/hours after mat leave

HollyBell13 · 2024-10-31T00:04:31+00:00

My employer has informed me today my role I left to go on maternity has now increased to an extra day and some ad hoc evening work. I'm due to return in the new year and this arrangement doesn't work for me and my new family. My contract states that they can only vary my hours with mutual agreement. Would this be a redundancy situation? TIA

glittercunt · 31/10/2024 00:12

Ianal. But my understanding from reading here Iver the years is that they are legally obliged to provide you with the same role/ conditions etc as prior to the mat leave. Personally I'd think they're trying to make you leave.

prh47bridge · 31/10/2024 09:09

No, this is not a redundancy situation. That applies where there is a reduced need for the work you do, whereas here there is an increased need. However, many employers treat this as a redundancy situation, either because they don't understand the law or because they think redundancy is easier for employees to understand.

Your employer cannot increase your hours without your consent. You can refuse the change. If they genuinely need someone to work the extra hours, the business then has two choices - they could take on someone else to work the extra day and evenings, or they could dismiss you. If they dismiss you for refusing to work the extra hours, that would be an unfair dismissal (provided you've worked for them for at least 2 years) and, given that you are returning from maternity leave, could also be discrimination (regardless of how long you've worked there). A sensible employer in this situation will offer you a package that goes beyond your statutory entitlement to redundancy pay so that you won't take them to tribunal. Unfortunately, some employers are not sensible.

ByQuaintAzureWasp · 31/10/2024 10:56

prh47bridge · 31/10/2024 09:09

No, this is not a redundancy situation. That applies where there is a reduced need for the work you do, whereas here there is an increased need. However, many employers treat this as a redundancy situation, either because they don't understand the law or because they think redundancy is easier for employees to understand.

Your employer cannot increase your hours without your consent. You can refuse the change. If they genuinely need someone to work the extra hours, the business then has two choices - they could take on someone else to work the extra day and evenings, or they could dismiss you. If they dismiss you for refusing to work the extra hours, that would be an unfair dismissal (provided you've worked for them for at least 2 years) and, given that you are returning from maternity leave, could also be discrimination (regardless of how long you've worked there). A sensible employer in this situation will offer you a package that goes beyond your statutory entitlement to redundancy pay so that you won't take them to tribunal. Unfortunately, some employers are not sensible.

This. Once you are in dispute you can request a without prejudice discussion to see if they wish to offer a settlement for you to leave (if you want to!)
Otherwise tell them you won't be increasing your days/hours and they need to get another employee to cover the extra work.