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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:

yorkshirepuddingandroastbeef · 04/03/2017 17:25

If they were already aware of your feelings that a job share wouldn't work/wouldn't make you happy?

It's no reflection on you. I've just seen some pretty odd behaviour from employers to decent members of staff in the past. I think generally employers prefer full timers.

Original poster

Yolandafarthing · 04/03/2017 17:30

I'm sure they do but they know full well I have to come back or pay back my enhanced pay so surely they know I will have to take them up on the job share? The whole thing is bizarre

OP posts:

IamNotDarling · 04/03/2017 17:30

I know two PAs who job share. The key was building a good relationship and lines of communication between themselves and the people they work as PA for.

They have become good mates and it works really well. I also know two people who job share as managers of a team. Everyone seems quite happy with that arrangement too. The two job sharers have moved around too, different jobs over the last 5 years with the same arrangement together. It can work.

yorkshirepuddingandroastbeef · 04/03/2017 18:33

At the end of the day, a company will do what is right for them not you. They've decided they want a PA for five days so one full time or two job share.

You need to do what is right for you.

Original poster

Yolandafarthing · 04/03/2017 18:37

I know, it's really just the enhanced pay that's the problem. If not for that I'd resign and look for something else.

OP posts:

daisychain01 · 04/03/2017 18:38

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

Absolutely! I agree. Just wanted to highlight how tricky CD can be

tygr · 04/03/2017 18:49

Just coming on to suggest the holiday thing. You'll have accrued annual leave from when you were on maternity so could go back full time yet take every Friday as leave.

Original poster

Yolandafarthing · 04/03/2017 19:06

I'm already on my accrued annual leave sadly, I decided to tack it onto the end of my mat leave after they agreed 4 days.

OP posts:

Original poster

Yolandafarthing · 07/03/2017 09:06

Just to update. They've said I can leave and keep my enhanced pay if I don't want to return full time.

OP posts:

MovingOnUpMovingOnOut · 07/03/2017 09:15

Are you happy with that? If so great!

I expect they will insist on a settlement agreement which will deal with things like references and they should pay for your legal advice. Otherwise there would be nothing to stop you making a claim for constructive dismissal and direct maternity related or indirect sex discrimination (depending how the change of terms related to the withdrawal of part time status is managed) - which any employer with the first idea about employment law will want to avoid.

Original poster

Yolandafarthing · 07/03/2017 09:34

I am, yes, though it's a bit weird as I was all geared up to return in 3 weeks. Feel a bit lost now if I'm honest!

I don't know about a settlement, I have no experience with any of this. I don't know what will happen about my notice period - I have to give 4 weeks and I was due to start back in 3 so not sure how that will work.

OP posts:

MovingOnUpMovingOnOut · 07/03/2017 10:10

This is why you need a Settlement Agreement and independent legal advice. They should be suggesting this to you and this is where notice periods, references etc are dealt with.

lozel · 07/03/2017 10:36

Agreed with PP any company worth their salt will insist on providing legal advice simply to cover their backs

flowery · 07/03/2017 11:34

I don't think it's necessarily true to say that the employer should be getting a settlement agreement drafted and paying for legal advice on both sides when all they've said is that they don't intend to exercise their right to reclaim enhanced maternity pay. It's a balance of risks, and if the OP isn't giving the impression she thinks she has some kind of basis for a legal claim and seems happy to leave as long as the enhanced pay is sorted, it's not out of the realms of possibility that they've decided in this particular case offering a settlement agreement is more risky and may prompt the OP to think she might have a claim (thereby costing them more) when at the moment they are fairly confident she doesn't think so.

Worst case scenario for them, they don't do a settlement agreement, the OP then decides not only does she think she has a case but is prepared to go through with it (paying tribunal fees, probably lawyers). She has to go through ACAS early conciliation now anyway, so they could offer a settlement at that point.

Now there are fees and early conciliation in the way of employees making a claim, there is (imo) often less of a need to offer settlement agreements sooner in the event of questionable employer behaviour. It's more (commercially rather than morally) acceptable to assess the individual situation and if the person doesn't seem to be steamrollering to a tribunal or seeking legal advice already, just letting it slide, safe in the knowledge that the option of a settlement will still be there later anyway.

The best way of getting a settlement offer is by insisting that the email from last year constitutes confirmation of a variation to terms and conditions, and that any attempt to force the OP to either return full time or to reduce her hours further is in breach of contract.

What would your reaction be if they then agreed to honour their commitment to a trial period on 4 days OP? That would at least give you time to look elsewhere?

fairweathercyclist · 09/03/2017 18:31

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

Years ago in the depths of time I worked in a law firm where I had secretaries who worked a job share. BUT they used to work a week on and a week off.

However, that doesn't really work with nursery childcare because you can't generally get that sort of arrangement. You have to pay for each week.

helpfulperson · 09/03/2017 20:10

If you don't think a jobshare would work how did you see a full time job being done in 4 days. How is the other day's work going to be covered?

yorkshirepuddingandroastbeef · 09/03/2017 20:51

Years ago in the depths of time I worked in a law firm where I had secretaries who worked a job share. BUT they used to work a week on and a week off.

A secretary in a law firm years ago is a completely different job to a Director's PA today.

Taking dictation, typing letters, audio transcription, shorthand and generally being 'given' work to do in the sense of in tray is something from the dark ages.

As a PA today you need to be a proactive animal monitoring inboxes, managing diaries, organising conferences, managing projects and events, pulling together board reports.... Most of the time it's me telling my boss what he needs to do and by when. It's a little bit like spinning plates.

Original poster

Yolandafarthing · 09/03/2017 20:53

The fourth day would be covered by the other PA who has recently lost one of the academics she was working for, so she has the additional time.

Anyway, the reason I don't think a job share would work isn't because of work load, it's logistics - I work with a lot of very lovely but very divvy academics and there's no way they'd get the hang of different PAs on different days.

OP posts:

Original poster

Yolandafarthing · 09/03/2017 20:55

And yorkshire has it totally right. My role is a very proactive one - I have to be completely self motivated. My boss and I are totally on the same wavelength - it would be hard to find someone else who was too.

Anyway since I posted my last update my boss has said she wants me to stay on the four day arrangement - it was my new line manager causing the issue.

OP posts:

yorkshirepuddingandroastbeef · 09/03/2017 20:59

at divvy academics.

So are you sorted now Yolanda?

Original poster

Yolandafarthing · 09/03/2017 21:01

Yes pretty much thank you. I ❤️ my boss, she is a breath of fresh air in the nightmare of bureaucracy which is higher education!

OP posts:

yorkshirepuddingandroastbeef · 09/03/2017 21:07

That's brilliant. So pleased for you and how nice that you have a nice boss. I hope it all goes okay.

daisychain01 · 09/03/2017 21:13

Hoorah I like a happy ending.

Cling to that lovely boss with hoops of steel!

adagio · 14/03/2017 22:45

Ooo great news
Nice one and good luck for your return

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