Legal rights help pls

[Mjtay]

Not sure if I'm putting this in the right place! But hopefully someone can help me.

I'm a hairdresser and due to have my back to work meeting on tues. I was working full time before maternity leave. I did 1 day teaching and 4 days doing clients. 1 day was a late nite (12-8) and the usual Saturday.

The first thing to menition is that my boss changed his attitude towards me the moment he found out I was pregnant. Like I was written off overnight. I've worked for him for 5 1/2 years and used to have a very good relationship.

My original intention was to go back to work after 4 months, but as many women I'm sure find when ur Lo arrives u feel quite different. So my 9 month due back date is 26th June. He knows from the start I was wanting to go back part time. But he did say things like "i legally only have to take u back in the full time position" and "I want u to sell more products... I need to look at ur figures and thing 'i really want mjtay to come back'. That was 4 weeks off my due date!!

A client of mine in hr did mention to me that he has to prove i cant do my job part time. I know my boss doesn't want me to go back to teaching (as he won't want to pay me when I'm not Bringing as much money in.) so with the clients I will have lost being off, working 2 or 3 days would suit perfect.

My main question here is where do I stand with regards to what hours I go back to?! I really don't want to work a late nite (Im the one who puts bub to bed) and was hoping to only do every other Saturday (along side 2 days during the week). I spoke to a friend at work ( not so close that she won't of mentioned it to him) that I was hoping to work every other sat and she said "i really dont think he'll let u do that". Can he really make me do it?!

I feel deep down he doesn't want me to go back, and he's so scheming i feel he's going to be awkward and not work with me so I decide not to go back. Unfortunately financially I have to. So I really need to be prepared with my rights to what hours I can work.

I hope all this makes sense, and that someone can help me. So sorry for the essay, but felt background was relevant here. Thank u in advance xxx

Legal advice will follow but having a baby doesn't entitle you to pick and choose your hrs to suit 100%. You work in a business that late evenings and Saturdays are standard. It is surprisingly easy for employers to prove PT work isn't ok for the business (precedent withstanding).

He sounds like he's been an arse but he has rights as your employer too. Sorry not to be more positive but I have seen so many women shocked they cannot name their own terms post baby. I say this as a FT working Mum of 2. No way I could do my job part time/job share. I just have to accept the reality.

Good luck though, I hope you can work out a reasonable solution.

Thank u for a very swift reply. He does have one other lady working on a Friday and Saturday parttime so guessing that's set precedent?! I completely understand what ur saying, and the last thing I want to do is pee him off throwing my rights around! (if i have any!) But feel I need to understand before I see him. I'm so nervous, dreading it xxx

I think the precedent works against you TBH - I am sure he would be happy to have you back if you offered to do just Saturdays, Fridays and the late evening slots...

The best way to get what you want is to accept that flexible working is difficult for both sides, and is especially hard in a client-driven environment. The more 'anti-social' hours you offer, the more likely you are to get a part time agreement in place, and the more likely he is to believe that you are 'coming' to the table in terms of finding out something that is OK for both sides (rather than perfect for one side and a nightmare for the other).

TBH we all like to be home to put our babies to bed, and to have time to play with them, but reality is if you want to work then you will have to accept that sacrifices are needed on your part.

On the legal side, it is true that you have the right to request PT hrs and he has right to reject if business reasons are sufficient. I wold expect it quite easy for him to show high demand in evenings and at weekends, which would give him reason in itself to reject the hours you propose, so far better to go in wiht something that looks like a good compromise for you both.

Yes you have the right to request whatever hours you want, but as long as he can give business reasons, he can refuse your request. I imagine it would be easy to demonstrate that there is a business need for you to work every Saturday like the other staff.

You are far more likely to get part time hours agreed if you are prepared to compromise. You won't see your baby less by working Saturdays, surely? And not being the one to put him/her to bed one day a week out of seven is hardly a major compromise either.