Flexible working request refused and urged to resign during maternity leave

[TheHazelViewer]

Hi all, just wanted to get some perspectives and hear what you might do in this situation.

Currently on maternity leave & my flexible working request was rejected due to being unable to find someone to job share (there was NOT a thorough process but I can’t prove that). I appealed this & asked that they re advertise the job but take out the part where it says that a degree is an essential requirement - because it isn’t and this may have put applicants off. My boss said they might do that in future as a degree is not necessary for the job but they’re not going to do it just to fill my job share.

Lo and behold, a week later, a full time version of the same job and a more senior version of it has been advertised with a degree as not essential.

I had 3 months of enhanced maternity pay and part of my contract says that I must pay this back if I do not return to work for at least 13 weeks after my maternity ends.

Work told me yesterday that if I hand my notice in by Monday, I won’t need to pay it back. It needs to be Monday as they want to advertise and interview for my job with the other ones they have put out.

I’m actually heartbroken as I love my job but I just won’t go back full time as I want to spend time with my baby. This is a job I went to university for and it seems so sad that I have a few days to make a decision about my whole career. I have never done anything wrong there and have only ever been praised for my work, all I have done ‘wrong’ is go and have a baby 😭

I am due to return in July. What would you do?

If you're due back in July then there isn't time for them to keep trying to recruit if you want to go back so part time they need an extra person. How part time did you want to go?

I don't think this is punishment or discrimination. You've said you want to go very part time. The needs of the business cannot accommodate that. They need to be able to recruit if you are leaving. You have clearly indicated that you won't return if they decline your request, so they are offering to waive repaying your enhanced maternity leave if you give them some certainty because they are running out of time.

You do seem to have left this quite late. What's your notice period?

I don't understand why a degree was essential for your role but you think it wouldn't be essential for your potential job share partner?

Not true if she works in an academy (until September at lest), they do not have to hire qualified teachers to teach and it's always been like this fir academics. They often do as it's seen as the right right to do but don't have to.

I can't think of any job in a school that couldn't be done part time or with a job share 🤔. And if your support staff I'm surprised they aren't jumping at the chance to reduce their wage bill. I know our school would.

Are you in a Union?

Don’t resign!!! don’t let them push you out. go back full time at first (could you use accrued annual leave to do a 4 or 3 day week at first?). get advice from ACAS and pregnant them screwed and put in another flexible work request once your back in the door

I’m genuinely curious as to what the job actually is. Its in a school, term time hours, a job you went to university for, need a degree to do but now you don’t?

Is shared parental leave any use here?

Is baby’s dad involved? If so then has he made a flexible working request?

On the face of it it’s unlikely they went through a full recruitment process with no intention of appointing someone, there’s cheaper and easier ways of refusing a flexible working request. They are being unfair to give you such a short deadline to resign, unless you have been telling them you will need to resign.

I agree with others to speak to pregnant then screwed.

Depending on the hours you initially asked for you could see if there’s a compromise to be had so that you keep your job on a part time basis but your employer is not as heavily impacted. E.g if you requested to work 3 days a week could you and employer compromise to 4 days a week?

Yes. He has requested to work less days in the office which was approved.

They didn’t go through a full recruitment process, the advert was up for a shorter time than usual, the interview itself had half the tasks that are usually done. In the end, everyone was either over qualified or under qualified 😔 two internal candidates were put off applying and indirectly told to wait for a full time position (aka for me to quit) rather than apply for the job share 😐

No alternatives or compromises were offered or even explored when I asked in the appeal. It was a straight no.

I didn’t think this! They told an internal candidate that a degree was not essential (who then told me, I questioned this in my appeal and they agreed it was not essential) and have now advertised the job without it.

I haven’t left it late, I made the request in January 😅

Has he also requested to not work the days off you had requested and have now been denied?

Also do you have evidence that some employees were told to wait until a full time job was advertised? And if so could it be the full time job (that is not yours) that has now been advertised?

While they seem to be expecting you to resign and almost asking you to do so, which is obviously wrong, think carefully about what you want from this. The right thing to do would be to refuse to go on their terms, but if you're going to leave anyway, maybe this is better for you in your present situation. Only you know what's best for you.
Think carefully about stepping away from work though, irrespective of your current situation

Do you work term time only, or year around? If you are term time only, and go back just before the holidays, then you're still employed even if you're not working.

How many days have you asked to do?

Can you not negotiate a three or 4 day week. How many hours did you ask for. Don't resign.

I'd take the full year off, accrued my 5.6 weeks leave entitlement, go back for a day then take 13 weeks off sick with stress, by which time I'd have accrued more leave. I'd also apply for other jobs.
OR
I'd take them to tribunal for co structure dismissal/ discrimination.

Your baby's dad has negotiated to work more days at home.
Is the plan that he looks after baby whilst working? Does his employer know that? Can't help wondering how that will pan out.

No, this is not the case at all schools, re postgrad.
She could be a lab tech, art tech, library assistant, pastoral support...it doesn't really matter.

This is naughty but if you call in sick for the 13 weeks you don’t have to repay it either. Being off sick is classed as finishing / returning as from maternity. Do not resign, this is constructive dismissal, speak to ACAS urgently

Just jumping on to say that some home insurance policies include legal advice, and can be helpful in respect of cases like this. I’d definitely speak to ACAS first, but might be worth also digging out your policy docs so you know what you are and are not covered for.
Don’t resign, constructive dismissal requires you to have met certain thresholds and ACAS can give very specific guidance about if you’ve reached that yet. If you have any of this on email, (including job ads) print them and save them.

The other job they are advertising isn’t your job because you say someone else has left. They knew this other vacancy would be coming up so it’s not surprising they told the internal candidates about it.

They are entitled to turn down your flexible working request. If you’re only working term time isn’t it worth seeing how it goes?

How can be a job ‘you went to university for’ but not need a degree?
Exploring two people for one FTE is considerably more difficult and expensive than hiring one so they have every right not to accept this.

Terrible advice -utterly dishonest.

You can’t look after a baby while working from home - who would be an employer when people try these stunts.