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Original poster

Urgent - help required

43 replies

NikkiBFG · 18/06/2007 20:06

I've had my work options appeak refused and had to take extended parental leave while its all been going on.

I've been told that I either go back to my old role full time or as part of a jobshare. Therefore, I've been frantically looking for someone to jobshare with - no luck so far.

I contacted manager today to ask what would happen if a jobshare hadn't been found by the time the extended parental leave runs out and he basically said three options:

Full time
Resign
Resign and go on a career break

I have contacted my union rep about this as I feel sure that this is wrong (am waiting to hear back now) - they should give me something even if it isn't the role I left so I'm feeling they are on dodgy ground and would so appreciate some advice

Tia

OP posts:

RuthT · 18/06/2007 21:47

I am not sure they have to find you a jobshare. I think they would need to demonstrate that they have done everythng that is reasonable to find you a jobshare partner - just advertising internally would not cut the mustard at tribunal. If they advertised externally and go no one then that may be considered fair and reasonable.

I think Xenia's suggestion of using your phase back is a good idea. Esp if you could increase in Sept anyway?

Genidef · 18/06/2007 22:01

RibenaBerry was giving fab advice earlier in the day on various aspects of employment law - I think you need her.

Aloha · 18/06/2007 22:50

Yes, they have to do everything reasonable and only advertising internally is NOT going to meet that requirement. Once they agree that it is possible to do the job as a jobshare, you have really got them by the proverbials. It is NOT up to you to find your jobshare partner, it is up to them.

Judy1234 · 18/06/2007 23:01

And never ever take legal advice from mumsnetters or rely on it. It is often lawful to say this job cannot be done part time. What is interesting here is they have agreed it could be done part time so that might put you on stronger ground. Also they seem to have let others go part time.

On the issue of whether it's worth having a child if you work full time that's no different from a stay at home mother saying to you why on earth did you have a child if you're not going go be there 24/7 - how do we determine this magic clock of time that XYZ hours a day is why we have children but if it's only 2 or 5 we're there then we don't but that's a different issue.

I would get back though - it's being away that can lead to problems. If you're there then it's harder for them to avoid you. Can you tell them your return date, say you're glad they are looking for a job share and have acknowledged your job can be done part time and you hope they can find someone and you will do all you can to help them with that and when you return you will be working Mon - Wed or whatever it is? I'm not sure. Presumably the legal stage is something like you have made a flexible working request and they have considered and agreed it? Or are they still considering it?

Lolly68 · 19/06/2007 10:05

Cant you suggest you go back full time for the time being and ask them to continue to advertrise for a job share. At least then you wont be losing your job and might keep your employer happy for a while.

Original poster

NikkiBFG · 19/06/2007 10:12

Have contacted HR on the advice of the union rep and will see what they say. Union rep did tell me that whatever I do, don't resign as that is what they want and its the easy option for them.

I can't go back full time to start with - there are no spaces at DS's nursery and I don't want to go full time -even for a short period of time - I'd miss him far too much...will wait and see what HR have to say..

What I am feeling though, is that if I hadn't left to have a baby, I wouldn't be in this position of given option to resign etc so I really think its going down the route of sex discrimination....

OP posts:

Lolly68 · 19/06/2007 10:16

Well fingers crossed it all gets sorted for you.

Original poster

NikkiBFG · 19/06/2007 10:20

Thanks - it is very stressful! Brain feels totally fried!

OP posts:

Judy1234 · 19/06/2007 11:01

No one is really sex discriminating. They would love you back doing your job and lots of women go back full time and men when their children are born. Could you not go back full time for now as someone just below suggested and find a childminder for the days the nursery will not have the child. Actually sometimes it's easier for children to cope with the certainty that in the week the parents are at work and the routine is the same every day rather than a chopping and changing part time thing. Don't resign.

Why not give them a going back date for part time.

Eleusis · 19/06/2007 16:18

Why don't you go recruit a jobshare and see, look here I have a solution, he can start at such and such a date. After all, it is you who does not want to return full time, not they who don't want you back full time.

I don't think you have any grounds for sexual discrimination as it has been your choice not to come back yet, not theirs.

And, Xenia does have a point that they will have a much harder time giving you the fob off if you are there in the office. I appreciate you do not want to return full time. But, what if you go back part time until this is sorted out. Are they going to lock you out?

I do know that at my company, if you don't show up for work at the end of 12 months maternity leave, you will render yourself unemployed.

Original poster

NikkiBFG · 19/06/2007 20:27

Im all set to go back part time - got the nursery sorted and everything, but they wouldn't allow me. Told me I had to take extended parental leave while it was all being sorted.....think they realise that if they let me back in the office, it could be harder to get rid of me iyswim?

OP posts:

littlelapin · 19/06/2007 20:28

This reply has been deleted

Message withdrawn at poster's request.

Original poster

NikkiBFG · 19/06/2007 20:31

Aww thanks wabbit!

OP posts:

LucyLu1981 · 19/06/2007 20:52

Nikki - I have been looking into this as well as I have had my request to consolidate full time (37) hrs into a 4 day week refused and have found out applications for flexible working arrangements can be refused only for the following reasons:

the burden of additional costs

detrimental effect on ability to meet customer demand

inability to reorganise work among existing staff

inability to recruit additional staff

detrimental impact on quality

detrimental impact on performance

insufficiency of work during the periods the employee proposes to work

planned structural changes

They CANNOT refuse because there is no part time positions available. I am going to appeal with the help of ACAS as have no union/HR to go to am having to deal with the board of directors who couldn't give a shit!! Apologies if you have been given this info already - only read OP. Let us know how things go x

rozzyraspberry · 19/06/2007 20:55

Have just read this thread and am sorry you're having a hard time getting this sorted out. I'm not a lawyer but have you thought about going to an employment lawyer or citizens advice to find out exactly what your rights are? I take it they are refusing the part time working on the basis that you deal with customers on a daily basis so the customer wouldn't have consistent contact if you weren't there all the time. They have to have a good business reason for refusing you part-time and I'm guessing this is the reason they're giving you.

One thing I would say is that I wouldn't be keen to go back full time until it gets sorted out. If you did that I think it might be even more difficult to go down to part-time.

I would push for them to advertise the job share externally - it's not as if it's going to cost them much more than having you full-time. Good luck with this!!

LucyLu1981 · 19/06/2007 21:08

Also if you have your birth to five book have a look in there - towards the back they have info on applying for flexible working along with reasons they can't use to refuse your request

Original poster

NikkiBFG · 21/06/2007 20:31

Blardy hell!

Contacted boss today, told them I wouldn't be resigning and as, as far as I understand it, they have to find me a suitable alternative role within the company at the same level, similar skills etc and/or they need to advertise the jobshare externally.

The verdict - they told me my old role was still available, but full time and they would be expecting me 9am on XX date....

Surely this is not right?!!!!

OP posts:

LucyLu1981 · 21/06/2007 22:38

What reason have they given for declining your flexible hours request? I would contact ACAS for advice to see if the reason given is ''legal' x

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