Boss giving me unfair shifts on the lead up to maternity leave

[littlemissdozy]

I am 7 weeks away from maternity leave and I've had a day off today and I've just sat and thought about how unfair my boss is being. I've had multiple issues with her since she replaced our old boss in august and she's really boiling my blood.

So I'm already choosing to go on maternity leave at 34 weeks for myself, but also she has played a part in me wanting to go early because I just can't bloody bare her. She's just come back after being suspended for 2 weeks for breaking covid rules, but she's got away with it as someone retracted their statement and there wasn't enough evidence. She's been in the office since Wednesday doing work rotas and yesterday as I was cashing up she called me in and went on a run down of shifts with me. A week I have 2 hospital appointments which are early enough to work a shift around, which I explained. But she's given me those days as my 2 days off. She's then said to me she's put me on a 10am-6pm shift Friday, 4pm-11pm Saturday, 10am-5pm Sunday, 5am-10am Monday as we have an inventory count and as staff are all new, all the older staff are the ones counting which is me as I've been there 4 years.

I've said to her I don't mind helping, but there is a line between helping and taking the mick. She's then turned and said leading up to your maternity leave you could be in full weekends to make it fair on others. Fair on others? Excuse me? I didn't even think at the time and I just walked out because I can't bare the woman. But I've sat and thought about it today and she's taking the piss! She forgets I'm pregnant I'm sure of it. Oh and to top it off, I now have to chase payroll myself as my area manager text me and said a 28 weeks risk assessment is due, he's told my boss on her return, she's then come to me and said it no longer needs to happen as a 28 week risk assessment doesn't exist anymore as covid isn't a thing apparently. I'm counting down the weeks to be out of there. The place is toxic🤬

Going off sick won’t affect your SMP

It would force mat leave to start early, but only on 36 weeks which is what you want to do anyway

Only thing I’d suggest is to compare other people’s shifts and see if you’re getting more late / weekend shifts than other people on the same contracted hours - as that’s one way of proving you’re being discriminated against due to being pregnant

What I imagine she’s doing, is giving the rest some leeway on those shifts to preempt their complaints as they’ll have to work more of them when you’re off

There is no legal issue with your shift pattern.

Get her to put that in writing.

Then go see your GP, this stress isn't good for you or the baby, a decent GP will sign you off.

Some people are really missing the point I'm making. I'm not saying it's "illegal" I'm simply saying it's unfair the shifts she's given and it's frustrated me. I've not complained to her, I've simply said it's a one time thing to go from such late shift to a 5am start all in the space of 4 days straight of each other. I haven't said there isn't an 11 hour mark between the shifts. But I don't leave work and instantly arrive home. I have to travel home, so might be 11 hours between leaving work and being back, but there isn't that at home once you've eaten, tried to sleep ect and got up to get ready to go back in. That's my point I'm making, it's unfair in my opinion.

If there was a previous agreement about your shift pattern, do you have that in writing? If so, you could speak with HR and/or occupational health about the importance of the agreed pattern for maintaining your ability to remain at work and see if that makes any difference.

Unfortunately, as those shifts do look to comply with legal requirements, your legal options would be limited to requesting reasonable adjustments on pregnancy grounds, and the definition of reasonable often varies.

In comparison with some shift patterns, that pattern doesn't actually look that bad on paper, so you may struggle to get many adjustments, especially if your colleagues have similar shift patterns.

I remember a previous thread you made. What are you working the rest of the week, are you off?

Some people are really missing the point I'm making. I'm not saying it's "illegal" I'm simply saying it's unfair

I’m trying hard to understand too. Typically in work you’ll find most things that are truly unfair are actually illegal. Beyond that it just comes firm to whether you like it or not, which clearly you don’t. The question then is what impact it has in everyone else to rearrange the shifts to something you like.

First and foremost you need to ensure your legal rights and needs are being met, which it sounds like they might be? Beyond that I am afraid to say that everyone else feels the same at as you do about shift patterns, they all want things that work for them and will all have their own reasons for doing so (eg time with children, partners, caring for parents, other illnesses or conditions). They’ll also expect to be treated fairly so she does have to manage everyone.

Will they all be covering your weekend shifts whilst you’re off or are they getting cover for you?

Why are people saying others will have to work more when OP has "time off" (ha!) on mat leave? The company should arrange its staffing so there is no issue (ie maternity cover) - they get plenty of notice!

Put as much in writing as you can OP and definitely keep talking to HR. It does sound like she's being a bit dense at the least

@Mummapenguin20 I work 5 days a week. So my 2 days off in that week are my hospital appointments on the Tuesday Thursday. So I'll work, Monday, Wednesday, Friday, Saturday, Sunday that week. Then the 5am is in the Monday after that week is over. Would have issues if I was off rest of the week and only working those 3 shifts

@SonicBroom they haven't mentioned anything about cover or bringing someone in when im off. Which I presume they'll have to since im off from March 2022, till January 2023. I haven't asked them about that aspect when I go off. But would be logical if they do bring someone in as there are people in there that don't work any weekends, or people who work just 2 days a week or people who work limited hours and have every Sunday off. So I really don't know how they'll work it round the staff we have

@rattlemehearties I'm really confused also🤦🏼‍♀️ like is maternity leave a taboo? I honestly thought it was standard go hire maternity cover and then that ends once the said person is back from mat leave? We've only had one previous pregnant employee and this was 3 years ago now, so I can't remember what the deal was

@Scirocco no one in the store works a full weekend. It's always been a rule to work either the Saturday or Sunday. Only time someone will work a full weekend will be if 2 people are on holiday. And it'll never been the full weekend, it'll be say a big shift Saturday and a smaller one Sunday where you're out before opening hours so basically the Sunday is yours from 10am. I've done many of them shifts pregnancy. Some people refuse to even work weekends. Or a certain day of the weekend, mainly a Sunday and that's been granted for a few people. Mainly ones with kids and grandkids and that's okay

[quote littlemissdozy]@Mummapenguin20 I work 5 days a week. So my 2 days off in that week are my hospital appointments on the Tuesday Thursday. So I'll work, Monday, Wednesday, Friday, Saturday, Sunday that week. Then the 5am is in the Monday after that week is over. Would have issues if I was off rest of the week and only working those 3 shifts [/quote]
So you want her to rota you on shift when you have medical appointments then?

Why would she do that? She'd then just have to find someone else to cover.

@Rainbowshit no, I haven't said that🤦🏼‍♀️ The times of the appointments are easily made around a shift either end of the day. So no one would be covering anything as you either work, mornings, mid or evening. So no one is being put out. The appointments aren't the main issue in this thread either. It's just a highlight of things

Sounds like some people are refusing to get it!

Unfair is if the shifts change negatively for the seven weeks.

If the general pattern is to work only Saturday or Sunday, to suddenly be given both may be unfair.

If early and late shifts are generally organised so that employees get a day off between a late shift and an early one, it is unfair / nasty to plan for someone to suddenly have to work the shifts back to back.

Not illegal but it sounds like the manager has gone out of her way to make the shifts as awkward as possible, for someone who is likely to be more tired than usual.

Nasty.

If you're contracted for 5 days though and she's rota'd you for 5 days I can't see what the issue is? Unless it's in your contract that you only work 1 day every weekend there isn't anything you can do. I think this stems from the fact that you aren't able to attend your appointments during work hours and you're pissed off about having to go in your own time. I can understand why your boss has done this though as it's not as though you work in an office and can pop out for an hour and pick up where you left off afterwards, working in a shop will mean they will need to organise cover for you. If you feel that strongly about it don't tell her your appointments until you've had your rota.

Op the only thing I can see here you can go against is her scheduling you in for more weekends due to your pregnancy.

I get this shift set up is a tough one but over a stock take it could be argued as fair and in business needs.

I used to do rotas and it can be hard to juggle I would where at all possible give the pregnant woman the day off for her appointments it makes it easier to schedule you don't know how long appointments will run over etc.

If your usual pattern is say 1 weekend in 4 and she starts to add you (and only you) in for all/more weekends you can prove discrimination.

For now I would email her and ask for clarification on what she meant with regards to you needing to work more weekends. If she comes and tells you verbally. Email her back confirming your understanding of the conversation.

Basically get a paper trail.

By all means express concern for your health with the rota she has given and you being pregnant, but don't use the unfair comment you need to get her to put on writing she plans on discriminating. If you go in calling unfair she won't.

Ask for help on mn with wording such an email if you find stuff like that hard. Many really good people around for such things. Good luck

@whiteroseredrose thank you so much for understanding this🙌🏼 that's exactly it. Having the 2 days off when only one is really needed and not having the other day off to separate between the early and late and early again shift. Like I've said pre pregnancy it wouldn't phase me, but I am more tired, I have SPD so I know it'll kick off at some point with all the sitting down. It sounds like I'm just being difficult, but I'm truly not. I just want some fairness like everyone else in the shop gets

Agree with you OP.

I think some people on this thread are being deliberately obtuse.

Arranging your shifts so that you have only the legally mandated time off between finishing and starting looks deliberately awkward. The weekend thing might be your trump card though. If you can raise that I would. And the shifts would be on a system somewhere I'd have thought so HR can see the pattern.

You're not asking for anything crazy, just a bit of consideration. If back to back shifts mean you don't get a proper rest because you're pregnant and you feel ill, that's going to impact everyone else when you ring in sick. Basic management surely.

@littlemissdozy

Write a letter to your chief executive and copy in the head of HR. Stick to the facts of what's going on (being told to work weekends to make your pregnancy fair to other colleagues/ manager saying she doesn't have training in Mat leave .. definitely rubbish).

I did this when I worked for a certain high street chemist and suddenly it sorted everything out (funny that). I kept my job, and terrible manager got a dressing down. You'll be doing the company and colleagues after you a favour as there is no place for people like your boss to be in modern management, she sounds terrible.

@littlemissdozy if you want any help drafting the letter, happy to help

@HopefulRose that is so helpful, thank you🙂 new rota goes up in a weeks times for the week after the full weekend I'm working. So I'll see then if she keeps the pattern of working full weekends

[quote littlemissdozy]@Rainbowshit no, I haven't said that🤦🏼‍♀️ The times of the appointments are easily made around a shift either end of the day. So no one would be covering anything as you either work, mornings, mid or evening. So no one is being put out. The appointments aren't the main issue in this thread either. It's just a highlight of things [/quote]
But why would she do that? It's hard organising rotas as it is so easier just to give you that day off altogether.

It just sounds like you want her to accommodate you having nothing at all to do on your days off.

I don't think you have a leg to stand on with this part of your argument at all. It just makes you look unreasonable. Which diminished the rest of your complaint.

You'd be better forgetting about this and concentrating your argument on the weekends and time in between shifts.

@Rainbowshit excuse me? Nothing to do? I'm 27 weeks pregnant and preparing for a baby, I have plenty to do on my days off thank you. I don't see why thats even a valid point at all. I don't see why people on this thread understand and others are struggling. I've said in reply before it's not about the appointments it's the shift pattern of early, late, early, 5am start. No day off inbetween like another poster has stated and understood

[quote littlemissdozy]@Rainbowshit excuse me? Nothing to do? I'm 27 weeks pregnant and preparing for a baby, I have plenty to do on my days off thank you. I don't see why thats even a valid point at all. I don't see why people on this thread understand and others are struggling. I've said in reply before it's not about the appointments it's the shift pattern of early, late, early, 5am start. No day off inbetween like another poster has stated and understood [/quote]
🙈 I'm trying to help you. If you complain about not being rotad on on the days you have antenatal appointments then it diminishes the more valid parts of your complaint.