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Want to quit but worried about reference.

13 replies

Kaloobear · 13/02/2012 09:11

I work in a job where my accommodation is provided at work and the hours are very full on-24/5 (16 hour shifts but I'm still on call overnight too). I'm due to return to work in a few months (after a year off) and have had some meetings about it with my line manager which have brought me to the conclusion that it's not possible to return. They are unable to give me hours off to do DD's bath and bedtime (and I'll be at work before she wakes up and back at about midnight). I won't see her or DH at all for 5 days straight. They changed the job this year while I was off-I used to have 3 hours off early evening to spend with DH. (Technically I believe it is illegal not to have breaks like this but they get away with it somehow.)

My employer allowed us to stay in the accommodation for the duration of my maternity leave. They had an obligation to provide us with accommodation but could have moved us to a different flat if they'd wanted to, and didn't, which I am grateful for as we didn't want to move when I was heavily pregnant.

There's no maternity policy (which I find astounding!). If I quit I don't think I'd have to pay back any maternity pay as although it's normally the case, with no policy it's not enforceable (according to legal advice that my employer doesn't know I've taken).

My concern is that they will be angry if I point this out, and this combined with the fact that I've lived in their accommodation this year while not working this will mean they won't give me a good reference. (It was never implied that the accommodation was being provided because I was planning to return to work and as I said they had to provide us with it, but I can see that it would be annoying for them that I've lived 'off them,' for this year if I then don't return.) I'm a good employee and they'd have no other reason to give me a bad reference but the senior staff are very difficult and have a precedent for being quite bullying.

If it turns nasty and I go down any remotely legal route I will in all likelihood ruin my career-it's a small sector, everyone knows each other, and my city is small too with not many employers of this nature.

I am thinking that I should offer to pay back the maternity pay that people would ordinarily owe in this situation in hopes that this will appease them. I can't afford not to get a good reference, but I equally can't see a way that will make working here viable as they can't give me any hours off to see my family. (It's not a job where I could go part time.)

I keep umming and ahing-perhaps the sensible thing to do is go back for a year just to ensure a good future reference, but in reality I can't not see my daughter or husband for 5 days of the week. I might as well work in and commute to New York! Argh.

Any advice gratefully received.

OP posts:
Kaloobear · 13/02/2012 13:48

Hopeful bump?

OP posts:
Kaloobear · 13/02/2012 17:40

Bump...

OP posts:
Kaloobear · 13/02/2012 20:11

Desperate evening bump before I give up Sad

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JudysDreamHorse · 13/02/2012 21:38

Is your work big enough to have a HR department? Not sure if this is relevant but I recently changed jobs and was told that all the reference asked for was confirmation of my job title and the dates I work there. Most companies nowadays are worried about writing anything more than that as it can be a subjective opinion. I think there was an option to write more if you wanted to but I think most HR departments don't let people. If it's a small place though and everyone knows each other in your sector I don't know if that will be the way it works.

The work I left did have a maternity policy but you didn't have to pay back your maternity pay. I also think that if your accommadation was a benefit of your job then they probably legally had to let you have it when on mat leave (I think people keep things like company cars when on mat leave and you have to get paid a bonus if the company are giving one).
Hope that helps a little. I don't know about paying back the mat pay - guess only you know but I'd be tempted to not do it. Doesn't sound like your job is very compatible with looking after a small child so maybe they will surprise you and be ok about it. And maybe if they are being so inflexible they don't want the (perceived) hassle of employing a mum. Good luck!

Notreadyquiteyet · 13/02/2012 22:36

This is an 80 hour week!!

There are a few professions where this is legal but very few

Give us a clue to what you do?

Kaloobear · 13/02/2012 23:35

I don't want to out myself but it's a residential role where I'm caring for people who live in. I don't think it is legal (in fact I'm sure it's not as I don't get breaks during the day) but it's a field where it's commonly done so we like it or lump it. Think I'm at the stage of lumping it!

We don't have an HR department (or anyone who has any idea about HR in fact). It would be lovely if they said I didn't have to pay it back but I'm expecting them to say I do, even though I don't...it's whether I fight it and whether that fight is worth losing the reference that's killing me! The reference would probably be written by my boss (who's the overall boss too). Argh.

OP posts:
Kaloobear · 13/02/2012 23:37

I think you're right Judys that they don't want the hassle of employing a mum you know. They have never had anyone in my position get pregnant before and my boss told me she doesn't know how it would be possible to do the job with a family. I guess she's being pretty clear that she thinks I should leave!

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Notreadyquiteyet · 14/02/2012 11:45

It is a UK Legal requirement that the average working week does not exceed 48 your employer has a legal requirement to ensure that their workers opt out if they are happy to do so, this is again a legal requirement.

You are not in a profession that is exempt from this directive.

What your employers are expecting from you is illegal - personally i would challenge this

Read this if it is of help workingtimedirective

Kaloobear · 14/02/2012 15:11

I know-it's ludicrous. But I went into it knowing what was expected (at least prior to them shifting the goalposts now!) and it's done across the board in this field. I would love someone to challenge it but it would be a brave person to essentially take on the whole profession and I'm not brave or energetic enough I'm afraid.

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nextphase · 14/02/2012 15:32

Did you get more than SMP?
I don't believe you are ever required to pay back SMP on none return from maternity.
If you got an enhanced package, you may be required (or choose) to pay it back on non return.
How long before your due back at work? Can you find a new job before then?

Kaloobear · 14/02/2012 16:00

I did get more than SMP-I had 12 weeks at 50% and that's the bit they'd probably ask for back. When you say 'may be required' does that depend on it being stated in a policy/agreed in advance though? That's the advice I've had so far but nobody seems 100% sure.

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nextphase · 14/02/2012 20:37

Yep, depends on the policies - which you've said don't exist.
My policy specifically states if I don't return to work, I will NOT have to pay back my enhanced maternity pay Shock.
I'm not HR/legal qualified enough to answer your other question. Sorry.
I would hazard a guess that they can't ask for it back, as it is just pay - and they can't claim pay back, unless specified otherwise. Looking at it another way, it needs to be specified, as otherwise how do you know how long you need to go back for before you no longer need to pay it back? A day? A week? A month???

An0therName · 14/02/2012 20:42

I would say if has to be stated in a policy in advance - but I am not an employerment lawyer - also have you made a formal reaquest for flexiable work

however it sounds like you would like to leave and your boss thinks its not going to work out so maybe it would be best to move on?

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