I'm doing Mat. leave cover but may be out of a job. Please help!

[CitrusZest]

I'm one of two covering for a colleague (and friend's) maternity leave. There are various early morning and late night shifts in this job. For a year, I've done the same two shifts since they're the only ones I'm able to. (pre-school, husband's job and my Mum's job are all arranged round these shifts)
Everyone else does whichever shifts they're rota'd on. My colleague's maternity cover ends soon and the plan was always for she and I to job share. As far as everyone was concerned, I'd continue doing my two set shifts and she'd do whichever of the other 13 avauilable shifts she chose. The problem is she wants my two shifts. If she gets her way, I won't be able to work. I'm contracted until August. Do I have any rights? My colleague seems to think she can do whichever shifts she wants. (She doesn't want to miss her Toddler group or baby yoga) She didn't previously do these two shifts. Does she hold all the cards?
Will I be in breach of contract if I can't find alternative childcare?
I am more qualified than my colleague and I'm sure the business would be keen to keep me on.

I'd like to know what my right are before I speak to my boss next week.
I wouldn't be devastated to leave, but would be disappoined. Luckily, we don't rely on the money I earn.
I'm in Scotland btw, in case Emplyment Law is different here. Hope someone can help!

It will depend completely on her contract and terms.

ut why should her right to choose shifts to fit in with her childcare arrangements be any less than yours? Not saying that childcare arrangements should necessarily the over-riding factor on when anyone could work but she probably feels that you have enjoyed the benfit of this arrangement for all these years and now it is equally fair that she should benefit?

How long has she been off for? What is your substantive post? or are you solely employed to cover maternity absence. Also what does your contract say?

Hairylights - At the moment she's contracted by a full time member of this team to do shifts dependant on requirements.
Annh - I haven't enjoyed this benefit for many years. I've done two set shifts a week to cover her maternity leave since last Feb. Everyone else does a range of shifts on a rotating shift pattern. She's fully entitled to ask for whichever terms she wants. I'd just like to know if her rights are greater than mine, given that she wants to do the same two shifts I do. Only one person is required at a time so I'll be out of a job if her terms are accepted.
Watford Mummy - I was originally employed to cover mat leave but my contract has been extended a fuirther 6 months to end in August. It was renewed before any shifts were discussed.

Your rights are to do your job until August.

Her rights are to return on her previous terms and conditions.

Everything else is up for negotiation really.

If she doesn't want to return on her previous terms and conditions she needs to put in a flexible working request as I imagine she has done or will do. She will request to return to her job, but reduce her hours and do the two shifts she wants to do. Your employer can either agree it or refuse it, or suggest a compromise.

If you would not be prepared/able to do the job if your shifts changed, just make that clear to your boss, so that he/she can take that into consideration when deciding whether to agree your colleague's request. It will essentially be up to your employer to either refuse your colleague her request on the grounds that they are unable to find cover for the rest of the time, or agree to her request and risk losing you if you don't get the shifts you want.

Thank you, Flowery. That's exactly what I needed to know. I think my colleague believes she can ask for and get whatever conditions she liked because she was full time. It's a relief to know that she doesn't automatically get the shifts she asks for.

No absolutely not. She has the right to ask as I said, but certainly not to insist. It actually sounds as though you are in a pretty strong position - if the business would be keen to keep you on and you leaving would scupper the whole job share arrangement. I'd suggest you just make your position clear, just in a nice way, then sit back and see what decision they make.