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Original poster

Is it really maternity discrimination?

24 replies

Samcj02 · 07/07/2018 12:32

Hey I’ve posted on here about advice for a grievance letter for work and the advice has been fantastic! Thanks!
So I’ve written up my grievance letter but I am so nervous and feel sick about handing it to my employer next week.. do I really have a leg to stand on? I’m so worried..
So I’m on maternity leave and I have been with my employer for 4 years at first the hours were flexible which suited me great. Since September 16 I have been doing 21
Hours a week, no problems and i has always been under the impression from work that they’re my hours from now on and that’s that!
I went on maternity leave in November, in the September we had a new girl start with us and she was doing 21 hours the same as me and when I went on maternity leave she was upped to 30 hours, covering 9 hours of my maternity whilst the owner covered the rest! Great so I’ve been helping them out doing kit days, only to be taken to one side to be told I only have 12 hours when I return because the “new girl” and supervisor are full time! I never had the opportunity to be offered any extra hours, intstead I’ve got all of the hours that’s left over. We have never signed a contract at work, none of us! The hours don’t suit me at all! Is this fair? Do they have a clue? I know there’s a downfall in business but surely it should be cut fairly? Another member has a couple of hours cut? I just don’t know what to do? I’m sorry for the long post! I have spoken to Acas who have advised me to write requesting my hours back and to call them if they do not comply! I’m worried that if I do get my hours back ther will be an atmosphere at work and I’d be made to feel uncomfortable, this is what they’re like I’ve seen other staff member be made to feel like rubbish and they’ve eventually left...sorry for rambling! I’m just so worried Sad

OP posts:
MyOtherUserNameIsAUnicorn · 07/07/2018 14:01

What does your contract say? If you're zero hours contract it might be more difficult, but they shouldn't change your hours whilst you are on Mat Leave.

Original poster
Samcj02 · 07/07/2018 14:23

We don’t have a contract non of us do x

OP posts:
Original poster
Samcj02 · 08/07/2018 07:36

Anybody got any more advice? Arranged to go in early this week and am so nervous x

OP posts:
Hideandgo · 08/07/2018 07:40

I’m not sure but I think Not having a contract is a disaster. On what basis can you claim anything at all really. Possibly precedent? I don’t know. But if you intend to take this further I’d get some legal advice before meeting them.

flumpybear · 08/07/2018 07:43

Ring an employment solicitor for a bit of free advice - this wouldn't be allowed in my work as yes it's discrimination

flowery · 08/07/2018 08:05

Why the multiple threads? I can’t really add anything, not sure what extra advice you are looking for really.

Loopytiles · 08/07/2018 08:07

Am not a lawyer.

It does sound like it could be sex discrimination.

The key thing is your employment status - ACAS can advise. If you are a “worker” or “employee” and can show you have worked a similar amount of hours for a long time they can’t reduce them because you’ve been on maternity leave.

There can be an implied contract, and employers are obliged to provide a written one so they are in the wrong on that.

Original poster
Samcj02 · 08/07/2018 08:14

I just want my hours back..! Hoping I have a strong enough case without a contract to get my hours back x

OP posts:
prh47bridge · 08/07/2018 08:49

You have a contract. It may not be written but it clearly exists. You work and they pay you.

They should have given you written particulars of employment within two months of starting work. But even if they haven't, you have a contract.

I am unclear why you have multiple threads asking the same question. However, as you have been told elsewhere, what you describe is clear discrimination. Your job still exists. They must give it back to you on the same or better terms and conditions. They cannot reduce your hours in this way.

Original poster
Samcj02 · 08/07/2018 12:46

Thank you sorry for the threads I’m very nervous about approaching them tbh :( x

OP posts:
Original poster
Samcj02 · 11/07/2018 10:51

Hi,
Don’t want to start a new thread so I’m commenting back on my original one... had my meeting today

-I didn’t get my hours back as they have said my hours aren’t set in stone, yet it’s just they only have these hours now

-because I’m term time only and only work 38 weeks of the year it’s different, because we have no contract they are allowed to alter hours for September
-they don’t have to share hours out equllay
-because we work in education and there is no contract and my hours have varied over the years they don’t have to retune the hours i left on...
-this was the supposed advice to them given by Acas

I’m confused.....

OP posts:
prh47bridge · 11/07/2018 11:03

No, they don't have to share out hours equally but you were doing 21 hours per week for over a year before your maternity leave.

If they said there is no contract they really don't know what they are talking about (and that suggests to me they haven't taken any advice from ACAS). There is a contract. It may not be written down but it definitely exists. The fact it isn't written down puts them in a weak position.

You should consult a lawyer who specialises in employment law. I think you have a case for maternity discrimination.

Original poster
Samcj02 · 11/07/2018 11:15

Thank you I actually got the date wrong it was January 17 I started doing 21 hours September 16- January 17 I was doing 18. They’ve actually asked me not to call Acas without them being present. They also said because I work term time only it’s differnent from being employed all year around...? Any advice would be great as they made me feel guilty about calling Acas. Also they said the hours might be there in September

OP posts:
prh47bridge · 11/07/2018 11:51

They’ve actually asked me not to call Acas without them being present

There is no way I would accept an employer insisting being present when I called ACAS.

They also said because I work term time only it’s different from being employed all year around

That doesn't mean you don't have rights.

My advice is still the same - consult a solicitor who specialises in employment law. If you have legal cover on your home insurance that may cover the cost. If not you may be able to get an initial consultation free.

flowery · 11/07/2018 12:02

-because I’m term time only and only work 38 weeks of the year it’s different, because we have no contract they are allowed to alter hours for September non-existence of a written contract doesn't give them any more rights or you any less, it just means your rights aren't written down.
-they don’t have to share hours out equllay True, but if someone has regularly worked x hours to the extent they have becoming their established terms and conditions it shouldn't be a case of sharing hours equally. And even if hours are more fluid, decisions on who gets what hours should be made in a non-discriminatory way, so if the reason you've suddenly been penalised and given much fewer hours than anyone else is your maternity leave, that's unlawful
-because we work in education and there is no contract and my hours have varied over the years they don’t have to retune the hours i left on... Working in education doesn't reduce your employment rights or their obligations. No written contract doesn't give them more rights as I've said. If your hours were genuinely variable and decisions about allocation of hours was transparent and non-discriminatory, then yes. But it sounds like your hours aren't that variable, and reducing hours isn't done in a transparent, fair way, with appropriate consultation.
-this was the supposed advice to them given by Acas Either they haven't phoned Acas at all, or, equally likely, they've painted a picture for Acas which isn't entirely an accurate reflection of the situation.

Term time doesn't make a difference, and it is absolutely completely unacceptable for them to ask you not to call Acas without them present. You call whoever you like, whenever you like.

DPotter · 11/07/2018 12:20

I may be out of date here, with recent changes to employment law, but if used to be the case that if you worked a particular set of hours for 13 weeks or more, it clicked the 'custom and practice' box of contract law and so could not be changed without negotiation. For example my staff would have overtime, but so that it did not become 'regular' and therefore 'custom and practice' I had to ensure they didn't do 13 consecutive weeks, otherwise I would always have to offer overtime, and pay them for the hours.

So even if your hours varied between 18-21 hours per week for 13 consecutive working weeks, that's 'custom and practice' , that's now part of your contract of employment, albeit an unwritten one.

Agree totally with what others are saying - completely unacceptable for them to tell you not to call ACAS without them present and get yourself some legal advice from an employment law solicitor. This is where a good union would have them banged to rights - join one!

Original poster
Samcj02 · 11/07/2018 12:22

Thank you so much so the fact that there are “breaks” in my employment (half terms etc) shouldn’t make a differnce? They were pretty adamant i was in the wrong and I felt so guilty even bringing it up! As I stated I worked 18hrs from September 16 then they rose to 21 in Jan 17. That September 17 they stayed at 21 until I went on maternity leave in Nov. So the only time hours can change is September! It’s so confusing! I’ve also looked on hmrc to look at my figures the last two years, they’re very similar give or take £100ish? X

OP posts:
DPotter · 11/07/2018 12:30

It might be worth checking if your house insurance offers legal support, even if via a phone line. Employment contract law is complicated and the fact that your employer hasn't given you a written contract doesn't shower them with HR awards, so you need to get independent legal advice - they don't sound like they are going to roll over without it. Failing that your local Citizens Advice may be able to help - or at least point you in the direction of a good solicitor

Original poster
Samcj02 · 11/07/2018 12:41

Yes thanks, I was thinking of going to the CAB I’ll pop in tomorrow when it opens! Thanks. :) it’s very complicated I’ll also give Acas another call

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prh47bridge · 11/07/2018 12:55

No, the fact you only work during term time does not mean you have breaks in your employment.

Original poster
Samcj02 · 11/07/2018 13:20

Thank you x

OP posts:
flowery · 11/07/2018 13:27

School holidays aren't 'breaks in employment'. Most staff employed in education in some way or another have term-time-only contracts, as do lots of other people. They are all continuously employed, they just don't attend work all year round. There is employment case law specifically indicating that where a 'break' is due to temporary cessation in work, eg the school is closed for the holidays, employment is seen as continuous.

Original poster
Samcj02 · 11/07/2018 19:48

Thank you so much everyone x

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