Another Flexible Working question

[Tryn2hrd]

Hi Sorry LONG RANT..........

Wondering if anyone can help as I am now totally confused about where I stand etc. Basically I have been off work for 22months a mix of OML, AML sick and holidays since DD was born. I have been back at work on a phased return for 4 weeks and they agreed reduced hours now they are declining my flex working and want me to work evenings and weekends (at the mo work 3 mornings) under docs orders I am not allowed to work more than 18hrs a week which work have agreed and changed my contract but did not specify hours. I have DD in nursery and will struggle to get childcare changed and have no family help so feel as if I have to give up job to look after DD. Health wise I am back at work to see if it would help me get better (I have pnd) mixing with the adult world!! So far I was doing ok as I can get up and out the door first thing then go home and sleep in the afternoon when DD is having a nap. If I have to do evenings I can't see myself getting out of the door as I lapse in the late afternoon.
I havent received the decline in writing just told that the business does not require me to work those hours. I am the only person that has been declined in the dept and cant help feeling they want me out as they know I am not 100% better and the risk of absence is higher. It was hinted when off sick that if I was off longer they would need to consider my position but because of my illness they couldn't. I feel as if I have lost all my rights since returning. They are now going to come back and propose something but I dont know what to do as I came back on these hours at their recommendation and annoyed that they let me do this trial on hours I wont eventually be doing? Can anyone help me in where I stand. sorry again if it makes no sense

Hi

Sorry to hear about the pnd, have been there myself (6 years ago and fully recovered + 2 children since!) and I know how tough it is. It sounds as though they have been quite accomodating so far - they have to to a certain extent as they will be worried about doing something wrong and having a claim agaist them. Obviously you have the support of your GP too.

Can you please clarify what days/hours you were originally working before going on maternity leave and also what hours/days you have asked for under flexible working then I can give you a detailed response

Hi
Thanks, yeah they have been really good in retrospect. I worked full time on rotational shifts 38 1/2hrs pw, which was changed to a fixed 9-5 mon to fri when pregnant. I have asked for Mon, Wed, Thurs 8-2pm. Thanks again

was the 9-5 temporary just when you were pregnant and how did that come about (risk assessment?). If it was permanent then that is what you are entitled to go back to (otherwise it would be the rotational) They then need to justify why you can't do what you are asking.

Have they got evidence that there isn't work available during the times you have requested? They can't just say something that isn't true but if they can justify it on business grounds then all you can do is appeal and see what happens.

I would have a serious chat with them or get a GP letter, affirming your commitment and willingness to return to work, how good you were pre baby etc and how you appreciate what they have done so far and obviously want to get back to normal for the stability. Also how this issue could have a detrimental effect on your recovery (which is so far going so well)