Can my employer do this? :(( Really need some help, thanks . . .

[Angelwoes]

Hi all, I am in a horrible position and I really need some advice.

Basically I had a Mon-Fri 9-5 job. I went on maternity leave and my job was made obselete and was moved to another location where there are two other people doing the same job. I was offered a place there but I am unable to work there to a malicious ex trashing me and lying to the whole team because he is a truly evil person. That aside, my boss has refused to cut my hours and has put me into a job where I would be given completely random hours to work on a 24-7 rota, long days; basically hours that are impossible around childcare. Also doing a nursing role I never wanted to do and woukld nefer apply for.

Unfortunately, my contract is deliberately woolley and says that working needs to meet the needs of the service so the 9-5 hours I have worked for 3 years apparently mean nothing.

So essentially, I am being forced out of my job because there is no childcare at the weekends and it is just me caring for my child.

They have made sure that they have dotted the i's and crossed the t's with regaards to offering me alternative employment as I am covered by maternity laws. However, I wasof the understanding that you were supposed to be offered "Better conditions/pay or equal". In this circumstance, I feel that I am facing constructive dismissal.

Do I have any case for this? Pleae if anyone can offer any advice? I feel that I have been utterly screwed by work. I even told them I wanted to leave because my ex was inciting colleagues to send me hate mail. I stopped applying due to assurances from my boss and she said "Don't leave". I feel so stupid.

I have been off for 39 weeks - so I think I messed this up by not sticking to the 26 week mat leave. The only reason I took longer was due to the stress of a legal battle with my ex :(

Also, do I have any right to insist on voluntary redundancy? I would much rather take this than have to work 3 months full time random hours where I can't organise childcare :(. I would have to call in sick half the time to manage this as I have no childcare options - weekends etc. are impossible.

No right to insist on voluntary redundancy. I've posted on your other thread.

Doesn't sound like they've dotted the i's and crossed the t's tbh.

If you return after more than 26 weeks and it is not reasonably practicable to return to the exact same job, you are entitled to a suitable job on the same or no less favourable terms and conditions than your own original job. They are not meeting that basic requirement. If the job content is substantially different and not suitable for your skills and experience, then you could argue that the role itself is not suitable anyway, but at the very least, by completely changing the hours and suggesting a 24-7 rota, they are offering terms that are substantially different and less favourable than those you were on previously.

When your original role was made "obsolete" was this a redundancy situation? Was the redundancy procedure conducted fairly with consultation involved? If it was, and if your position was fairly selected for redundancy, you are entitled to be offered a suitable alternative vacancy where one exists - suitable alternative being basically the same definition as above - a suitable role on the same or no less favourable ts & cs as before.

I would suggest raising a grievance on that basis.