Am pretty sure employer is trying to not take me back after ML. Need some serious advice!

[MrsHuxtable]

Huge backstory: Employer started to resent me as soon as he heard I was pregnant, made my life horrible to the extend that GP told me not to return to work while pregnant ( I also had severe Hyperemesis throughout the whole pregnancy so it wasn't just that). He then tried to refuse me my annual leave but we came to the compromise that I was allowed to take my AL before ML started but only got paid through it in installments throughout the year.

Fast forward: I'm now 8 months into my ML and due to go back to work in early February. So far, I was due 3 installments of holiday pay but haven't received any! About 4 weeks ago, I wrote a letter to my boss reminding him of our arrangement and also to "inform" him of my return date and for him to confirm this. The return date I only mentionend to show him I'm serious about returning as I think he hoped I wouldn't and just disappear. I have so far not had a reply.

I think his strategy is to ignore me. But how long will he be able to do this? I'm worried he's trying to make me redundant but as hard as I try, I can't think of a way for him to do this legally. If he just ignores me til my ML is over what do I do then?
I work part-time and he's not said what my shifts will be after ML (obviously). So when would it be reasonable of me to expect him to tell me the days so I can arrange childcare? Obviously I cannot just sort that the week before I return.

So my questions are:

1. How do I handle his non-payments and lack of communication?
2. When does he have to tell me my days of work so I can arrange child care?
3. What do I do if he just refuses to engage with me?

Just to clarify were you full time and after maternity leave you would like to be part time?
If this is the case have you written a request for flexible working to your employer?

I would separate the non-payment from everything else as this needs to be tackled now. Do you have a written agreement about these payments?

Next thought is that Feb is a very long time away. I employee a large number of part time staff and I would not be able to tell someone definatively what their shift pattern would be for return to work till about 40 days before return as I don't know if other staff are going leave etc in that time.

No, I've always been part-time so no flexible working request.

The holiday pay thing was agreed in writing, I just need to dig the letter out.

I appreciate the difficulty in predicting part-time work patterns. It's the smallest of the issues as DH will be caring for DD while I'm at work if everything goes according to plan. But seriously, how do people manage if they have to arrange a nursry place? Do they just have to reserve a spot for the whole week?

Do your shifts normally vary week to week or similar? If so, how long in advance would you usually expect to know what shifts you will be doing?

It was the same 3 basic shifts each week, one of them being a longer weekend one.

The problem is that when I became ill during my pregnancy, my boss told me after a few weeks off that I wouldn't be returning for the weekend shift anymore (one of his ways to actually make work a lot harder for me while pregnant) but that he would have me on an extra week shift to make up my hours. Only that never happened because I then was sick for the whole pregnancy.
I always wondered how he was planning to make up those hours as the weekend shift is 8 hours while the week ones are only between 5 and 6 hours.

It's his non-payment of holiday pay and not replying now that strengthens my believe that he is trying to get rid of me.

I mean, what would I do if he just never ever spoke to me again?

Ok. Well assuming you never had written notification of new hours, your hours are the same as they were before you left.

I would write to him again at this point, referring to the letter about holiday pay, and to your previous letter. Say that despite your previous correspondence you are concerned to note that you have not received x y and z instalments as agreed. Say that you look forward to receiving outstanding payments with the September pay run but must inform him that if you do not receive outstanding monies by that time, you will need to raise a formal grievance for non-payment of wages.

(Technically, assuming he doesn't make anyone else wait for their holiday, if this is because of your maternity leave then withholding pay could be sex discrimination as well but I wouldn't go using that wording yet as it sounds as though he might be the type who would reluctantly respond to a non-payment of wages issue but might consider discrimination ridiculous and therefore wouldn't bother. You know him obviously, it's up to you. You don't lose anything by not mentioning it at this stage and obviously it would be better not to raise a grievance at all if possible).

Anyway, in the same letter I would say that you did previously notify him of your return date and requested confirmation. You are disappointed to note that he has not responded, however on that basis he should take this as formal notification that you will be returning to work on [insert date]. Say you understand you are entitled to return on the same terms and conditions as you were on previously, and on that basis you will expect to work [put details of shifts]. Say you look forward to seeng him at [time] on [date].

Hopefully that will flush him out.