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Original poster

Are they allowed to do this?

74 replies

Yolandafarthing · 04/03/2017 08:24

Returning to work after mat leave - in three weeks. Agreed back in November I would do 4 days. This was confirmed over email on two separate occasions but I never received an official contract change - I've been chasing one for ages. Received email yesterday telling me they had changed their minds and I could either do a 3 day a week job share or come back full time. I don't want to come back full time. If they had told me that back in November I would have been fine with it, handed in my resignation and repaid my enhanced pay. As it is I have spent a lot of my enhanced pay on childcare, wanting to get DS settled into nursery early. All on the assumption I would go back four days.

I assume I have no leg to stand on now as the contract change didn't go through officially but I'm really annoyed as I was open and honest. I can't even change my childcare arrangements now - DS has a four day a week place at nursery. There's no space for him on the fifth day.

I'm really upset that they're doing this with such short notice.

OP posts:

Original poster

Yolandafarthing · 04/03/2017 10:16

The enhanced pay is what complicates things really as I'd be more than happy to resign and look for another job otherwise.

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MovingOnUpMovingOnOut · 04/03/2017 10:39

They can't make it longer because you're going part time. That would be an unfavourable term and penalising you for your part time status. From memory it's the Part Time Workers (Prevention of less favourable treatment) Regs 2000.

Right, so if you're happy to resign that gives you a few options and also makes it easier to fight your corner because you don't have to worry about keeping them sweet at the end of the 3 months.

veneeroftheweek · 04/03/2017 11:02

When I had an issue about maternity pay I found ACAS disappointing, but the organisation Maternity Action really helpful. They have a helpline you can call. Might be worth a try if you don't get any joy from ACAS.

MovingOnUpMovingOnOut · 04/03/2017 11:04

Acas is hit and miss. Maternity Action don't get the credit they deserve :)

yorkshirepuddingandroastbeef · 04/03/2017 12:07

That's pretty bad. I'm not surprised you're annoyed. I would also think the email confirmation (and failure to respond to your chases for an updated contract) is somewhat binding on their part. They are failing in their duty of care to you as an employee which is breach of contract I should imagine.

I'm a PA and don't see how you can do the job effectively as a job share as you'd be constantly explaining where you are up to with things.

How long have you been there? Are they a good employer or do they routinely mess staff about? If it's the latter, I would do my best to fight this but start looking for a way out. Very difficult to find decent four day/part time PA jobs IME though.

Original poster

Yolandafarthing · 04/03/2017 12:51

I've been there three years and they've always been great up til now but this line manager is new - my old one went on mat leave while I was on leave.

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MovingOnUpMovingOnOut · 04/03/2017 12:57

This line manager has no clue about employment law. Are HR involved at all? I suspect not.

daisychain01 · 04/03/2017 13:17

Don't get your hopes up turning it into a constructive dismissal claim.

If you are happy to resign anyway (e.g. If you have another job) that's one thing, but taking them to tribunal for CD is heaping a whole set of woes onto yourself when you've said your DS is unsettled, plus the changes associated with a new job.

You'll not want the stress of tribunal, believe me!

daisychain01 · 04/03/2017 13:27

Just seen your comment that your former boss went on mat leave.

The change is probably because your new boss has decided they need 5 day a week coverage. Hence them trying to impose this change onto you, railroading it through even though 4 days was agreed by email in Dec.

I wouldn't be as forceful as a complete refusal. It will serve your best interests initially to alert your concerns in writing by email and to request a formal meeting to discuss and clarify the situation with HR, highlighting that the new arrangement is different to what was already agreed, but you want to talk things through.

This will show you as being reasonable rather than putting up a brick wall. You are more likely to get a better outcome than getting stroppy about it (not saying that you are, iyswim)

MovingOnUpMovingOnOut · 04/03/2017 13:30

Unless they're idiots they'll want to avoid the threat of legal action. Making it clear you know your rights and the law often prevents people treating you badly.

Nobody's saying the op needs to go to tribunal

Original poster

Yolandafarthing · 04/03/2017 13:31

The new boss agreed my four days though!

And our COO was cc'd in although our HR manager wasn't

God no I'd not be going for tribunal, if I have to do a job share for a few months then I will. My worry is more they'll say I have to come back full time

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Original poster

Yolandafarthing · 04/03/2017 13:34

I wrote back immediately but I didn't say anything in particular, just asked for clarification on a couple of things which weren't clear.

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MovingOnUpMovingOnOut · 04/03/2017 13:36

The trick is to let them think you might go to tribunal. Don't reveal your hand to them.

Personally I'd go to HR with a "I just wanted to check this was right because there hasn't been any consultation and I have the following agreement from December" forwarding their email and attaching the email from December.

Chances are once someone who has a clue about employment law sees what it going on it will be sorted very quickly.

If they did want to change your contract it would need to be by mutual consent or after a consultation and I think it's likely that consultation would not finish before you went back so they would have to return you on your 4 day terms.

MovingOnUpMovingOnOut · 04/03/2017 13:37

I dealt with a similar thing recently. Manager had acted outside of the law and HR unaware. There was an embarrassing climb down and I expect HR Director banged her head on the desk before dressing down the manager.

DellaPorter · 04/03/2017 13:38

You could point out that if they hadn't agreed the 4 days, you would have resigned, but now you are unable to repay the enhanced maternity pay due to their actions. One option is to see if they will pay you in lieu of notice, don't reclaim the maternity pay, and let you walk away.

Original poster

Yolandafarthing · 04/03/2017 13:46

Well yes, I did wonder if they might let me walk away and keep the money

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MrsWobble3 · 04/03/2017 13:46

This might not be relevant but my PA is actually two people job sharing doing a 3 day week each and it works really well. So don't necessarily dismiss it as a possibility.

Original poster

Yolandafarthing · 04/03/2017 13:47

I'm sure it's doable I just think it would be a bit of a nightmare

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yorkshirepuddingandroastbeef · 04/03/2017 14:00

Mrswobble, two PAs working a three day week doesn't make business sense. Why would a company want that if they can have one full timer?

Unless of course they are paying each part timer less than 0.6 of a full time salary which wouldn't surprise me.

yorkshirepuddingandroastbeef · 04/03/2017 14:00

I also agree it would be a nightmare especially if it's a really busy job which most PA jobs seem to be these days.

Original poster

Yolandafarthing · 04/03/2017 14:13

It's very busy and I just don't see how it would work practically speaking - would we share an inbox?

I mean they've suggested it so presumably they've thought it through but it seems daft to me.

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yorkshirepuddingandroastbeef · 04/03/2017 16:53

Yolanda, I'm always interested to know exactly how an effective PA job share would work as I know that PAs can work very differently.

yorkshirepuddingandroastbeef · 04/03/2017 17:00

I hate to say it, but do you think it is a tactic for getting a full timer (either you or someone else)? If they are fairly sure wouldn't go for three days/a job share?

adagio · 04/03/2017 17:16

Nothing hugely constructive to add that hasn't already been said - in particular querying with HR about the complete reversal of previously agreed terms. But the other thing I would consider is taking a day holiday per week for 3 months then leaving - you may have to pay back some money if you have taken more than pro rata for your holiday year, but would mean you keep the mat pay and save the childcare costs, so I suspect would still put you quids in.

Original poster

Yolandafarthing · 04/03/2017 17:18

Well I don't know but they are the ones who have suggested a job share so why would they have said that?

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