Return to Work advice needed on my rights! help!

[samanthadavies]

HI There

A big Hi (my first Post!)

I am a new mum (16th June!) and already worrying about going back to work,

My friend had a baby a month in front of me and she has had problems with back to work discussions and making it difficult to return part time.

I am a Branch Manager in an Estate Agents and as part of my job its sort of "expected" that I work full time.

I was considering going back to work but could only be available Thursday Friday and Saturday.

(my partner will be able to look after our daughter on those days).

Before I go into "negotiations" about my return to work, what advice do you have about any rights on:

1. whether I will be able to do my "manager" job part time

2. how "awkward" my employer will be about the days I want to work

I am really worried and feel a little stressed as my friend (who i work with , but at a different branch!) has already had HR problems being "unaccomodating"

your wisdom is appreciated (and any legal knowledge would also be welcome on how to ensure i enforce my rights without appearing a stroppy cow!).

Someone in my ante-natal group was an estate agents deputy branch manager, on the list for promotion to branch nmanager, and she said that she really had no choice but to go back full time. She was only the second woman in the entire company(!) to go back to work at all after maternity leave.

If your company is anything like that then I expect they will be very awkward about letting you come back part time or accommodating your preferred days.

You don't really have any rights to go back part time. If you make the request then they have a duty to consider it and if they reject the proposal give you reasons why in writing, but there are some nice broad waffly categories of reasons they can use.

Oh, welcome to MN by the way!

Have a look at the DTI (Department of Trade and Industry) website. Also at the Equal Opportunities Commission website.

You can make a flexible working application to work part time etc, or work those days from home. It would hold you in good stead if you can make some practical suggestions as to how it would work, rather than just asking to do it. There is no particular valid reason that a management can only be carried out in a full time capacity. That aside, they have to give valid business reasons why you cant do the job full time. I would imagine that you spend a fair amount of time out of the office, so I would say that they wont have any.

perhaps this other lady and you can do a job share?

I'll post this again, nad hopefull it'll make sense this time.

Have a look at the DTI (Department of Trade and Industry) website. Also at the Equal Opportunities Commission website.

You can make a flexible working application to work part time etc, or work those days from home. It would hold you in good stead if you can make some practical suggestions as to how it would work, rather than just asking to do it. There is no particular valid reason that a management position can only be carried out in a full time capacity. That aside, they have to give valid business reasons why you cant do the job part time/from home some of the time. I would imagine that you spend a fair amount of time out of the office, so I would say that they wont have any.

perhaps this other lady and you can do a job share?

Can I also suggest you change your name on here to make you less identifiable in RL?

I had quite a job to convince my employers about flexible working. They are legally bound to at least hear you're proposal and review it and need to be able to prove that it is totally unworkable for you to do. What you need to do is realistically consider that above the 3 days, could you work and extra hours if needed ie as absence cover, busy periods etc as flexibility goes both ways, as I was told. How you envisage your job being fit in to those days, what do you think is going to be difficult and how could you combat that. Is it possible to maybe do a daily 'surgery' for employees when baby is napping or something. Basically if you really want to go back to this job, you need ot make it as difficult for them as possible to say no.

Legally your employer has to consider your request and hear your reasons for thinking that it could work. It would greatly help your case if you can come up with valid reasons why your working part time won't cause any problem to the business. If your compamy decide that your job can't be done part time then there isn't much you can do (this happened to me, sadly). Could you perhaps propose a job share?

Congratulations on your new little one and hope you get the outcome you want

HI There
Thanks so much for helping me out , I am astounded at how quick the replies are...
Wish i had found this site earlier, as I have felt a bit alone after giving birth!

OK, my friend works in another office and they have said that she can't have the hours I want.

I work in an office where my replacement is already there (apparently until I return

It seems to be common practise for people to go back and just be told what to do, and whilst not having my "managers job" bothers me (i am happy to go back and do the filing!)

it is more important if i go back, and say want to stipulate i can only work part time on the three days i want (ie, thurs, fri and saturday)

most staff go back from full time advisors to part time advisors, i would have to go back from branch manager to part time advisor (which i wouldn't mind!) its just the "days" thing and being forced to work days I can't do I was really wondering about!

Ps- thanks so much for your advice, and I am using my maiden name !

Hi
I too was in 'property' and can tell you from ghastly experience that it is the most inflexible profession for kids/ families.

In fact (long story short) I was with a large private company who made me redundant immediately on being informed of my pregnancy. Luckily my solicitor was bigger than their solicitor and all was happy ever after. Am happy to give solicitors details if you wish.

Here's a thought though. I am looking to return to work part time and am looking for a job share partner. I am not saying that this could work out but does anyone think it might be a good idea to start a 'job share' thread so people in the same field/ location might be able to offer a concrete suggestion to their bosses for flexible working. It's a long shot (both parties should have similar experience, wishes, needs etc) but I am constantly suprised at how often I meet women in a similar situation to myself.

Thoughts anyone?

Hi
I too was in 'property' and can tell you from ghastly experience that it is the most inflexible profession for kids/ families.

In fact (long story short) I was with a large private company who made me redundant immediately on being informed of my pregnancy. Luckily my solicitor was bigger than their solicitor and all was happy ever after. Am happy to give solicitors details if you wish.

Here's a thought though. I am looking to return to work part time and am looking for a job share partner. I am not saying that this could work out but does anyone think it might be a good idea to start a 'job share' thread so people in the same field/ location might be able to offer a concrete suggestion to their bosses for flexible working. It's a long shot (both parties should have similar experience, wishes, needs etc) but I am constantly suprised at how often I meet women in a similar situation to myself.

Thoughts anyone?

I am currently in negotiation with my work about returning and it looks like I am going to have to change from my original request.

You have the right to put in a request for flexible working but they have the right to reject it for business reasons and tbh they would probably say that it would be difficult to manage staff if you are only there 3 days a week (I'm not wishing to be unhelpful but that is what they are likely to come up with)

As other people are saying a job share request may be the way to go, particularly if you are able to find a partner to do the other days. They probably won't be keen as extra work for them in the short term, but it has extra benefits for them in the long run as they have two trained up managers to cover for holidays and so forth so there is less valid reasons to reject it.

You may get more responses if you post this in the Return to work section, I got loads of helpful advice from people, check under "Just turned down 4 days a week - think I am going to be jobless" as its not dissimilar to your situation . The main thing that helped me from peoples responses was also to be a bit more open minded, so if they came back with something that wasn't exactly what you wanted, not to say no straight away, but give yourself a chance to think about it and get opinions from other Mumsnetters.

Oh one more thing sorry its turning into War & Peace, give yourself some time to decide when you want to go back to work as you may change your mind over the coming weeks.

Hope it all works out for you and congratulations on your baby

Job share is always a good way to go cause as yet (and don't quote me on this!!!) I don't beleive that anyone's been able to come up with a reason why a job share wouldn't work.

I think you have to be strong with yourself on what you want i.e your specific days and stick with it. I still have to get better about the saying no thing and being made to feel guilty about being part time. How you feel now might be totally different once you get nearer the time to returning.

Hope it all works out and in the mean time enjoy the new bundle!!

At the end of the day, if they agree to everything you want, you might go back and it still not feel right for you. You can then leave and find something else

www.workingfamilies.org.uk/asp/family_zone/f_factsheets.asp is a good website. They have examples of requests that suceeded and those that failed with suggestions why e.g. is the company large enough to cope with job-sharing/part-timers? They also have a free helpline. I would ask about being a PT manager if that's what you want to do and you can see how it would work for them too - then if they negotiate you down to the days you want but on a lower grade, at least you have what is most important to you. Sometimes there is no good reason why you cannot be a manager part-time, but it depends on the circumstances e.g. whether staff would be left floundering the other days, or whether your boss would be having to do half of your job.

You normally submit a written request (as per format described by DTI/your company policy) then have a meeting to discuss it. At the meeting to consider your request, you are entitled to be accompanied by either a colleague or a Union rep if you are in one (or even if you join one now, I think!) If you know a diplomatic and sympathetic colleague, consider asking them to come. They can also take notes, so you can concentrate.