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Original poster

can anyone help?

26 replies

Avpixie27 · 26/02/2016 13:26

I just finished my keeping in touch days and today returned properly to work. I had a meeting with my area manager and line manager and told them i could only do either monday, friday or saturday (i work 2 days a week) they agreed this was fine and all ok. Today my line manager told me my area manager has said "i need to be more flexible and if my line manager goes on holiday for a week i have to cover that week" my hr have said its my area manager i need to discuss this with but she has gone on holiday and lied that she didnt have my number. I cant physically do any other days as my child minder isnt flexible and i cant afford to pay someone else aswell to look after my son. It was all ok until today. Can anyone help?

OP posts:
InternationalHouseofToast · 26/02/2016 13:41

not sure who has lied but if your company's policy is that the area manager confirms your hours if you request flexible working, it's her you need to raise this with. When are you due back from maternity leave?

How many people are there where you work? If there's just you and your line manager, or you are a supervisor with only the line manager above you, I can see why they'd want cover for the manager's absence.

flowery · 26/02/2016 14:47

What were your terms and conditions in respect of hours/days worked before maternity leave and when you (presumably) put in a flexible working request, what change did you request?

Original poster
Avpixie27 · 26/02/2016 17:50

I was completely flexible before i had my baby obviously. But when i went back to meet during keeping in touch days i specified i can only work either monday friday or saturday. My area manager and line manager okayed this but today (after working for a month) they said " no you need to be flexible and you have to cover her holidays" my partner says legal i dont "have to" do over time as that is against the law

OP posts:
Tiggeryoubastard · 27/02/2016 00:20

You do realise you can't just decide what hours you will cover if you've always been flexible and that's a part of your job? You need to speak to whoever regarding what days you want to work. They are allowed to refuse if the business needs you at other times. Re the cover hours - is it in your contract?

flowery · 27/02/2016 15:27

I wasn't asking how flexible you were before you had your baby. What are your terms and conditions in respect of hours/days worked? What does your contract say about what hours you need to work, what flexibility/cover you need to offer etc

If your contract requires you to be flexible did you ask for that flexibility to be removed when you asked to work those specific days only?

Original poster
Avpixie27 · 27/02/2016 19:47

No my contract does not state that i have to cover her holidays. I requested only these days and they agreed. My contract says they have to give me 48 hours notice but optional.

OP posts:
Tiggeryoubastard · 27/02/2016 20:03

What does your contract say about your hours?

Original poster
Avpixie27 · 27/02/2016 20:13

It says 14 hours. My contract is void as they havent changed my address even though i told them my new address and had pay slips sent

OP posts:
Tiggeryoubastard · 27/02/2016 20:19

How does that void your contract? And if it doesn't stipulate any hours you can't stipulate when you will and won't work within your 14 hours.

Original poster
Avpixie27 · 27/02/2016 22:13

Well it does void my contract as my partner who is a manager and says if your address or personal details are incorrect then it is void

OP posts:
QforCucumber · 27/02/2016 22:17

Address details do not void a contract of employment, our contracts don't even state your address on them. The contract of employment is an agreement between the employer and you in relation to your expectations of each other. If your contract states 14 hours over no specific days then this is what you have agreed to. Unless something is put into writing to superceded this then your agreement stands.

Original poster
Avpixie27 · 27/02/2016 22:32

So it turns out i dont need help as my partner has the right information regarding this matter and can legally prove they are in breech

OP posts:
SirNiallDementia · 27/02/2016 22:43

Erm, your partner may be a manager but that does not mean he has any knowledge of employment law.

Out of date or incorrect address or personal details do NOT void your contract of employment.

You are expected to return to work after your maternity leave on the terms and conditions as set out in your contract of employment UNLESS you have made a flexible working request and your employer has agreed it or you have made some other formal/written agreement.

QforCucumber · 27/02/2016 22:56

Flexible working request process -

The employee writes to the employer.

The employer considers the request and makes a decision within 3 months - or longer if agreed with the employee.

If the employer agrees to the request, they must change the terms and conditions in the employee’s contract.

If the employer disagrees, they must write to the employee giving the business reasons for the refusal. The employee may be able to complain to an employment tribunal.

From what you've said this procedure hasnt been followed and your contract terms remain the same as before your maternity leave.

Original poster
Avpixie27 · 27/02/2016 23:02

I am closing this thread

OP posts:
LaurieFairyCake · 27/02/2016 23:05

Why? HmmConfused

You could request for it to be deleted but they don't have to

You're also being given advice by employment lawyers and HR professionals but for some bonkers reason you want to take the word of your boyfriend

Get a grip and listen, people are trying to help you

MissBeaHaving · 27/02/2016 23:13

Do you have written evidence on what was agreed?

VimFuego101 · 27/02/2016 23:18

Did you make a written request for flexible working as per the post above? (And receive written confirmation that it was approved)?

Original poster
Avpixie27 · 27/02/2016 23:26

LaurieFairyCake theres no need to be rude and tell me to get a grip and no im not "just listening to my boyfriend" he has been in touch with his hr, his area manager and line manager for advice. I have been on the phone to the acas. They have done alot more than i am putting on here as i just wanted a simple chat with anyone who has been through this or knows the rights behind it. But since posting ive made those calls and had my partners help from his workplace so am in the process of that. There is no need to be rude as this was originally my post seeking help. Treating someone in an upset situation as if they are stupid is uncalled for

OP posts:
Original poster
Avpixie27 · 27/02/2016 23:29

To answer the other posts unfortunately i only had a verbal agreement in the presence of my line manager and area manager as my company doesnt like to pus things in writing very often. It took me a few weeks to get a letter from head office agreeing ti have me back in writing and since that meeting agreeing to the terms my area manager has either been on holiday or unavailable

OP posts:
VimFuego101 · 27/02/2016 23:32

Why would you need a letter 'agreeing to have you back'? If you were on maternity leave you were entitled to return to your job (or one of a similar level, depending how long you were off). How long did you take off work?

lougle · 28/02/2016 00:05

You need proper advice. Your partner needs to understand that wanting something to be true doesn't make it true.

You can't dictate to your employer. They can refuse a FWA on business grounds.

Tiggeryoubastard · 28/02/2016 00:16

You need to stop listening to your partner, no matter how much he's convinced he's a 'manager'.

MissBeaHaving · 28/02/2016 00:37

Op you need to make any requests for a change of hours after maternity leave In writing
There is a good website with lots of info - I'll see if I can find it.

MissBeaHaving · 28/02/2016 00:40

There is a section on flexible hours & on maternity,hope you find something helpful,

www.workingmums.co.uk/advice-and-support/

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