Work stress and pregnancy

[blueberry23]

I posted yesterday for some advice on the fact that while pregnant with my second child, my work have just decided that they aren't going to make my flexible working trial (3 days a week) permanent and that after this coming mat leave I'll need to go back full time (or apply again for part time but they've made it clear they need someone full time)

I am so stressed I can't eat or sleep and I'm worried about baby. I've literally cried all weekend.
I am the breadwinner and am lucky enough to earn a fantastic package - one that allows me to work 3 days financially and still be comfortable.

I am now wondering if I should just not take the enhanced Mat pay? And just leave after Mat leave. As it would be very expensive to pay it back, but you have to if you don't return.

Or should I just go on Mat leave, take the money, and hope to negotiate part time hours on my return? I just wonder if I'll spend my whole maternity worrying about it.

I'm disappointed because if I wasn't pregnant I'm 99% sure they'd be agreeing to make it a permanent change as they wouldn't want to lose me (I'm doing really well).

I have appealed the decision but they have a strong case I think.

I'm struggling with how unfair it is though. This pregnancy has meant I didn't get as much of a rise as I thought I would, meant they've rejected my flex working request and now all of this stress and anxiety is just ruining things for me right now. I can't prove anything though, but I just KNOW I'm being unfairly treated.

Not sure what I'm after, any advice or just a rant possibly. 😭 even considered getting signed off for a few weeks but think that would just make my anxiety worse tbh!

Hi OP, sorry to hear that sounds a pretty awful situation. What are their grounds for you needing to be full time?
I'd recommend looking up pregnant the screwed and get in touch with them (they have an advice line), they might be able to provide some advice.

Hi op, would also recommend looking at PTS. Also check the policy for how long you have to return for before you pay it back. Sometimes it’s only 4 weeks and you can have accrued enough annual leave to request to cover that over the notice. Need to be careful on the wording before following that path. I also have seen women negotiate in new roles for a sign on bonus that covers what they would owe to old company for enhanced pay back so maybe one to consider.

@blueberry23 do you have a union? If not join one they have a duty to accommodate flexible working for a period of time post maternity leave.

I don’t get occupational maternity pay but I could have written this. Definitely been overlooked for promotion (actually demoted in real terms) and it’s been made clear that my flex working arrangement in a PIA for them. They asked me to up my in office hours in my second trimester and every few weeks I’m breaking down, to the point of being signed off. Due to childcare costs I can’t go back full time so know I’ll have to quit at the end of mat leave. There is good advice out there but proving that you’re disadvantaged due to pregnancy isn’t easy. It’s an fu—ing sh—show tbh. I can’t offer advice but I do empathise.

I read some of your previous thread - you said you were logging in every dayand doing extra work on your days off, and being available on the phone, and a few posters asked why you didn't apply for 4 days given you're clearly not getting the job done in 3. Then you'd simply be getting paid for the extra work that you do already, and it might be more palatable to your employer.

Have you spoken to union/acas and asked your employer what they would consider/what other arrangements you could trial?

No they don't. They have a duty to consider it, and can only refuse it if they can justify the reason. Since they have considered it and refused, then the only issue is whether they can reasonably justify it. Nobody here can say yea or nay - we don't know the reason or the justification.

If the OP isn't already in a union, it's too late to join now. This is a pre- existing dispute and they union won't be able to support them. You can't take out insurance after the fire has started.

@Quveas I disagree it depends on type of work your in. I know people in work have joined the union after a dispute arises and have been supported.

They would need to justify why it's part time now and full time in the future, they also need to justify why a job share couldn't be considered.

@PMAmostofthetime it was trial of flexible working condensed to 3 days, not part time. Company decided it doesn't work for them and going back to 5 days a week. As author said if she wants less days she has to reapply for part time position if available.

You may disagree, and sometimes local lay reps may advise. But "support" is beyond that - you get no full time officer support and no legal representation unless, in very rare circumstances, there is case precedent to establish. That does not apply here. Union rule books are clear on this point, specifically for the reason I explained - people joining when they have a problem then just leaving again after.

I was actually very clear that they have to justify their refusal. But they don't have to justify reverting to previous hours - the OP was clear that this was a trial and the employer has said it doesn't work for them. You cannot claim to know the justification becuse the OP hasn't provided further details, but they are within their rights to refuse - if the OP doesn't agree the response is justified then that is for her to challenge. It is not for the employer to consider things that haven't been asked for!

And your advice was "they have a duty to accommodate flexible working for a period of time post maternity leave". There is no such duty.

They would need to justify why it's part time now and full time in the future, they also need to justify why a job share couldn't be considered.

From OP's other thread, it's FT post that was PT as a trial when OP returned after first baby. The company have decided that the trial is not successful (and tbh it doesn't look great from OP's description as she frequently has to work on her non-working days, so I think they would have a sound case to end the arrangement)

It might be worth OP having a conversation about scope for job-share. The stumbling block there being finding a matching 'half', but if it's a sector with a good supply of suitably qualified/experienced people then it might be workable

A job share might be a feasible request, but do bear in mind that that could result in the "offer" being less than half time, and there is no going back on it - if you want to work more hours in the future they can't just kick the job share out of the job!

Your right to return to work after maternity leave is based on your contractual role. You have three right to return to your role for the first six months; and thereafter to your role or a substantially similar one. If you ask to return to anything else you are actually asking for a change in contract, and they do not have to agree to that.

I did go and have a look at the other thread now, and I'd agree that there is a clear justification in saying the job can't be done in 3 days because you've handed them that justification by working at least 4! I'd suggest asking for 4 with one day wiring from home. That might fly better. To be fair to the employer, if an employee is regularly putting in substantial unpaid hours then it would be irresponsible to continue to enable that, and could even put them at risk of breach of duty of care. So I'm afraid I think the employer is right. It isn't about how well the team is performing, but about the fact that you are working substantially more hours than you are being paid for to maintain that performance, and that is not acceptable.