Is this a change to my terms and conditions?

[AuntieBacterial]

Hi

I returned to work in September after a year's maternity leave. My boss is French and a bit of an old fashioned male chauvinist who made things quite difficult for me during my pregnancy and has picked up where he left off now I am back at work. My feeling is that he would really like to push me to resign as he doesn't want someone with other commitments outside of working hours. But that's just my feeling.

I returned to the same role (sort of) after maternity leave. However one thing that that seems to have changed is that I am now required to be present in our European offices in France for at least one day every single week. Before my ML this was a very loose and flexible arrangement and I was only required to be present in the office if I had a meeting to attend or a specific need to be there that justified the expense of my travel.

But now I have to go every week regardless of whether I need to be there or not. The office is always deserted so I often drag myself over there leaving at 4am and not getting home until 8pm or later (with all the childcare headaches that presents) and alI I do is spend the day in my office working on my computer without seeing or speaking to anyone else - seems absolutely crazy to insist I travel there for this purpose. I could do this in the UK without the travel expense or inconvenience. Of course if there is a real need for me to be there, I have no problem with that at all.

So my question is...I understood I was entitled to return to work on the same terms and conditions as before my maternity leave. Does this rigid change to require me to be in another location every week (rather than once every 2 or 3 weeks as before my ML) constitute a change to my T&C. Or is this within the boundaries of normal variation to T&C I can't really raise with my company.

Would be grateful to hear what you think.

I should add that I have been totally bend over backwards accommodating at work so far because my boss won't hesitate to use the "woman wants special treatment" card and that's not what I want at all - I just want him to be reasonable. It's a drag travelling like this every week, even if you don't have small children.

It would depend on what your original contract says. if it says 4 days UK, 1 day France it is a term of your contract. That said you could try the custom & practice route. You could also ask for a flexi working request that says you can work from UK and audio in to meetings in France.

Can you discuss with HR?

Hello Poogles

I work for the world's most inflexible employer. This comes from the top of the organisation and is enforced wholeheartedly by HR so they really aren't approachable and it would just result in my boss treating me badly and no bonus this year! The company declines any approach for flexible working.

My contract doesn't specify how many days I will work where. But it's certainly been custom and practice over the last 4 years prior to my ML that I travelled every couple of weeks only when there was a specific reason to be there.

I really don't have a problem with travelling as I used to, I just feel that this change to require me to travel every week is aimed at making life as difficult as possible.

I think you might find it difficult to argue that being required to travel once a week rather than once a fortnight constitutes a change to your terms and conditions. You say previously it was only if there was a 'good reason' to be there, or if the expense was justified, but if your employer is paying your expenses, they get to decide what expenses are worthwhile, and they obviously feel that your travel expenses for once a week are justified.

But regardless of that I have to say I think the best way of approaching this isn't to march in saying it's an illegal variation to your terms and conditions or anything like that. Have you actually approached your boss for a discussion about it and tried to reach a compromise?

You sound as though you've already made up your mind it's pointless approaching anyone, and you may be right, but in that case, what do you plan to do?

Hello Flowery

I wasn't proposing to march in and light the fire under this one, I just wanted to know where I stand before I even start.

My boss really is a nightmare - as I said he won't hesitate to use the "woman wanting special treatment" card and that's really not fair so I don't want to walk straight into that. There's a lot of history, but I am pretty confident I am being required to travel so much because he knows it's difficult with a small child and he knows it will push me to think twice about continuing with my job and that's the easy way out for him.

My boss has absolutely refused to entertain any discussions about reasonable ways to work so far, and each attempt to discuss it is just closed straight out with him telling me I need to work as I did before (all hours at the drop of a hat) or leave. I just can't do that with a small child to take to and pick up from nursery. I really am being very flexible but there are some constraints on what I can do outside working hours. HR are totally disinterested because my boss is very senior.

So I don't know what to do. I can carry on trawling backwards and forwards for no reason, but this doesn't really seem helpful to anyone. I just thought that if there was a legal basis for having a discussion about it, I might have a chance of him actually listening, or HR taking an interest.

Ok it sounded from your OP as if you weren't planning to raise it unless you could say it was a change to your terms and conditions that you hadn't agreed to.

If you need a legal basis to have a discussion about it then your best bet is a flexible working request.