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Checking work emails whilst on maternity leave

33 replies

Hopingforpeace · 20/11/2014 21:12

Just a quick question. I have contacted my union but they won't be able to reply until tomorrow, hoping some clever people here will be able to tell me if i am in the wrong or not.
I am half way through my maternity leave. I intend to take the full year and return next June. They have all this in writing.
When I went on maternity leave I handed over my work iPad for the girl who is covering my leave.
I was phoned today and asked to go into a disciplinary meeting next week.as I am not replying to emails.
This threw me as I didn't think I had to look at anything to do with work right now and I certainly don't think I should be disciplined about this.
The only way I could look at my emails would be through my personal iPhone or personal laptop. Are they right to demand that I check my emails daily? To be honest, sometimes it is a struggle to even find time to brush my hair daily let alone reply to work emails.
The back story is there is just about enough evidence for me to go for constructive dismissal due to bullying. I haven't done anything about it as I have enough on my plate with a three year old and 5 month old.
I cannot see anything specific to maternity leave in the replying to emails part of my job description. Usually we have to reply with 2 working days unless on holiday. I'm not on holiday so I don't know if that means they have found a loop hole to get rid of me. They probably know that the union and I have been building my case and want to not pay me off.
I said, I wasn't able to sort childcare for next week's meeting. That is true but mainly this was to buy me some time to speak to the union. I feel sick.

OP posts:
AlpacaMyBags · 21/11/2014 09:39

This reply has been deleted

Message withdrawn at poster's request.

MaybeDoctor · 21/11/2014 09:44

Shocking.

Stuff like this should be linked to the 'family friendly workplaces' thread to give the CBI an insight into some of the real problems women have to face (I was going to write 'parents' there, but in respect of maternity leave I think it is safe to say it is 'women').

Vikingbiker · 21/11/2014 09:48

Also just wanted to point out that they took your iPad and also failed to clarify in writing or in person, their contact expectations whilst you were on maternity leave. You had no idea they were contacting you by email and why should you? Also I'm not sure they can do a disciplinary whilst you are on maternity

It sounds like you are being set up

flowery · 21/11/2014 09:52

"The union said to just bide my time whilst on maternity leave and just ignore them at the moment. We will deal with them in the new year."

I completely disagree. Disciplining a woman on maternity leave for not working is discriminatory and ignoring them isn't the best response. Discrimination should be challenged. Apart from anything else, you only have a short window to bring a claim following an act/acts of discrimination.

Plus if you do want to add constructive dismissal into the mix, you can't just say in three months time that this constituted the last straw in a constructive dismissal. There needs to be a trigger, and if they don't do anything else between now and whenever the union want to challenge it, it will be more difficult to claim that this and earlier instances made your employment untenable.

skyeskyeskye · 21/11/2014 14:05

hoping I have been thinking about this and afaik, an employer can make "reasonable contact" which is agreed in advance before you leave. So yes, a question along the lines of - do you know where the doodah is, you are the only one who uses it..... should be ok. Harrassment about anything is NOT ok. They are not allowed to ask you about returning to work etc.

If you have handed back the ipad, then how do they expect you to read the emails? and WHY haven't they followed the emails up with letters or a phonecall if it was vitally important and you havent replied?

If you want to return part time and they cannot accommodate this, there is a set procedure that they must follow to prove why they will not allow flexible working.

I am not an expert, but have quite of lot of knowledge of SMP and ML through doing payroll for years.

The Union need to contact your employer and remind them that they are not allowed to hassle you, that any KIT days etc should have been arranged before you left.

Hopingforpeace · 21/11/2014 14:25

Yes, I personally won't be doing much but the union are on it. So things are being done on my behalf but not by me personally, iykwim.
I already have a part time contract but when I went on mat leave they filled my post with a ft permanent person - my job share partner was told she was no longer needed. They won't say what there plans are for me - as far as I see, I'm surplus to requirements.

OP posts:
tribpot · 21/11/2014 14:31

flowery I think the Union said this prior to the OP finding out she's up on a disciplinary for the crime of not working whilst on leave. I quite agree that this latest incident needs to be challenged now - she can't claim not to know about the disciplinary since they called to tell her.

tribpot · 21/11/2014 14:32

x-posted with you, OP. Glad the union are dealing with this. Sorry to hear about your job share partner, what a shower.

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