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Flexible working request after maternity leave

13 replies

blueberrybubblegum · 18/11/2019 10:25

Hi, I’m hoping someone may be able to offer some advice.
Prior to finding out I was pregnant I was working towards a promotion, part way through my pregnancy I decided I wanted to wait until after I returned to work post maternity leave as my job is quite strenuous at times. This was fine by my line manager. During my maternity leave I contacted my manager and requested a meeting to discuss my hours as my husband had a recent change to his contract of employment (he works for the same company). I requested the meeting via text message to my managers work phone, he responded asking when I was due back. I said it was a 3 months off but I needed to sort something out. I finally got a meeting just short of 2 months later. We had a discussion about various options that could work. I asked about compressed hours and was told it’s not possible as “everyone would love to work their hours and have an extra day off” no solid reason for a no on that. I asked if it was possible to drop a day but try and get the days off I need as close as possible. I said I’m aware it’s not possible every week but if we can try and have it suit the days off I need which meant I was still flexible enough to fulfil my role. Apparently that wasn’t fair on others even though I said I knew it wouldn’t be possible for me to get the right days all the time but near enough would be fine but that was a no due to being unfair on others and it would be too complicated to do on the system that generates our rota (I work shifts). Husband has a rolling shift pattern so 5 on 3 off. She advised set days would work best. Not ideal really but at least we’d know when we needed childcare so I gave some days. We had a formal meeting after filling in a flexible working request. One of the questions in the meeting notes was would I consider stepping down? I was working towards a promotion prior to maternity leave so why would I consider stepping down in order to get them to accept my FWR? There’s been a cock up with the structure in the location where I’m based and basically he’s put another employee in the same position as me but also on a permanent contract when there is only room for 1 person in that role within the budget so best solution is to try and get me to step down to resolve that little problem however I’m more qualified. The promotion that I was going to work towards has been given to someone who was based at another location and isn’t qualified for the role and isn’t even qualified for the lower position but I was told that I wouldn’t be able to go for it if I was only working 4 days. Our company policy states that o can’t be excluded from promotion based on a flexible working request. Fast forward to today and I’ve received my outcome from the meeting we had mid October. I have been granted my request for flexible working but only on a temporary/phased return basis for 3 months. The outcome notes are not dated or signed by anyone and there’s an accompanying letter from HR confirming the information in the outcome notes and saying that the 3 months commenced from a random date in October. The meeting wasn’t on that date and neither is the letter dated from that date so I’ve effectively worked half of my “phased return”. I don’t understand how it’s a phased return, I’m not suffering with anything and needing to gently get back into work. I’ve requested one day less a week potentially until my child is in school not only until he is 1 year old. The next month is the busiest time of year in my job so they’re saying that they can accommodate it at this time of year but not the rest of the time when it’s quieter.
I don’t know what to do. I don’t know what my next step is. I genuinely think they’re discriminating against me and trying to push me out because that will help resolve their problem. I feel they’ve pushed me out of the promotion entirely due to my circumstances and the fact I’ve put in the request. I absolutely love my job and I don’t know what my next move is. I’m devastated by this. I had anxiety years ago and this has started it up already, I feel like I can’t breathe and it’ll probably end up getting worse
For transparency, I worked for this company years ago and went on maternity leave. Whilst on maternity leave I requested a transfer as I had relocated, everything was good to go and then I never heard anything. They had given the job to someone else and the reason was because they were concerned I didn’t have appropriate childcare in place. I had voicemails and text messages confirming it. So was basically out of a job. I went to a solicitor and after loads of letters back and forth it was all set to go to tribunal. I pulled out before I gave the go ahead because one of my old line managers got me a job within her company. All I wanted to do was get back to work not sue for compensation. Also with my husband working for them I didn’t want to make it awkward. Fast forward and I returned to the company but I haven’t mentioned that as it was years ago and I have a different surname so they won’t have connected that. I just wanted to work on the role I enjoy. I really hoped they’d learned from these things before but clearly not. I don’t have any paperwork now from the situation years ago but I don’t think that matters now. I just don’t know what to do with the current issue because I feel like history is repeating itself and if they don’t approve it then I can’t work here.

Any advice? Or suggestions on the next step?

OP posts:
blueberrybubblegum · 18/11/2019 20:35

Anyone?

OP posts:
BritInUS1 · 18/11/2019 23:21

Your post is far too long and too difficult to read, with no paragraphs in it

Call ACAS for advice

CareOfPunts · 18/11/2019 23:26

I’m sorry maybe I’m just tired but I really don’t understand what’s happened and what you’re looking for advice on. I can’t work our what are the current issues v the historic ones.

Twillow · 18/11/2019 23:32

Get union advice. They hel[ed me when my request was refused and the employer backed down immediately.

scrivette · 18/11/2019 23:35

It's quite hard to follow, but, basically your request for flexible working after maternity leave has been turned down.

The way I understand it, is that you have a right to request flexible working, but your employer doesn't have to agree to it if they have a sufficient business case to turn it down.

With regard to the date, perhaps you could go back to HR and negotiate on the 3 month date, or at least ask why that date had been used.

I do sympathise though, I put in a request for flexible working upon returning from maternity leave and it was turned down. I then had to resign as I couldn't work full time due to childcare and it did feel like I was being pushed out.

If you are in the Union it will be worth asking for advice.

Potatoesx12 · 19/11/2019 00:03

It was hard to read, needs paragraphs.

NorthEndGal · 19/11/2019 00:28

If you love the job, why would you leave just because you cant get a four day week? Wouldnt it make more sense to just figure out childcare?

violetbunny · 19/11/2019 07:19

Have they given you a reason for declining your request?

The info below might help:
www.gov.uk/flexible-working/after-the-application

youcancallmequeenE · 20/11/2019 10:55

@blueberrybubblegum I'm sharing your post below with paragraphs and then I'll reply as I'm finding it too difficult to read as is

Hi, I’m hoping someone may be able to offer some advice.

Prior to finding out I was pregnant I was working towards a promotion, part way through my pregnancy I decided I wanted to wait until after I returned to work post maternity leave as my job is quite strenuous at times. This was fine by my line manager.

During my maternity leave I contacted my manager and requested a meeting to discuss my hours as my husband had a recent change to his contract of employment (he works for the same company). I requested the meeting via text message to my managers work phone, he responded asking when I was due back. I said it was a 3 months off but I needed to sort something out. I finally got a meeting just short of 2 months later.

We had a discussion about various options that could work. I asked about compressed hours and was told it’s not possible as “everyone would love to work their hours and have an extra day off” no solid reason for a no on that. I asked if it was possible to drop a day but try and get the days off I need as close as possible. I said I’m aware it’s not possible every week but if we can try and have it suit the days off I need which meant I was still flexible enough to fulfil my role. Apparently that wasn’t fair on others even though I said I knew it wouldn’t be possible for me to get the right days all the time but near enough would be fine but that was a no due to being unfair on others and it would be too complicated to do on the system that generates our rota (I work shifts).

Husband has a rolling shift pattern so 5 on 3 off. She advised set days would work best. Not ideal really but at least we’d know when we needed childcare so I gave some days. We had a formal meeting after filling in a flexible working request.

One of the questions in the meeting notes was would I consider stepping down? I was working towards a promotion prior to maternity leave so why would I consider stepping down in order to get them to accept my FWR?

There’s been a cock up with the structure in the location where I’m based and basically he’s put another employee in the same position as me but also on a permanent contract when there is only room for 1 person in that role within the budget so best solution is to try and get me to step down to resolve that little problem however I’m more qualified.

The promotion that I was going to work towards has been given to someone who was based at another location and isn’t qualified for the role and isn’t even qualified for the lower position but I was told that I wouldn’t be able to go for it if I was only working 4 days.

Our company policy states that o can’t be excluded from promotion based on a flexible working request.

Fast forward to today and I’ve received my outcome from the meeting we had mid October. I have been granted my request for flexible working but only on a temporary/phased return basis for 3 months. The outcome notes are not dated or signed by anyone and there’s an accompanying letter from HR confirming the information in the outcome notes and saying that the 3 months commenced from a random date in October.

The meeting wasn’t on that date and neither is the letter dated from that date so I’ve effectively worked half of my “phased return”. I don’t understand how it’s a phased return, I’m not suffering with anything and needing to gently get back into work. I’ve requested one day less a week potentially until my child is in school not only until he is 1 year old.

The next month is the busiest time of year in my job so they’re saying that they can accommodate it at this time of year but not the rest of the time when it’s quieter.

I don’t know what to do. I don’t know what my next step is. I genuinely think they’re discriminating against me and trying to push me out because that will help resolve their problem. I feel they’ve pushed me out of the promotion entirely due to my circumstances and the fact I’ve put in the request.

I absolutely love my job and I don’t know what my next move is. I’m devastated by this. I had anxiety years ago and this has started it up already, I feel like I can’t breathe and it’ll probably end up getting worse

For transparency, I worked for this company years ago and went on maternity leave. Whilst on maternity leave I requested a transfer as I had relocated, everything was good to go and then I never heard anything. They had given the job to someone else and the reason was because they were concerned I didn’t have appropriate childcare in place. I had voicemails and text messages confirming it. So was basically out of a job.

I went to a solicitor and after loads of letters back and forth it was all set to go to tribunal. I pulled out before I gave the go ahead because one of my old line managers got me a job within her company. All I wanted to do was get back to work not sue for compensation. Also with my husband working for them I didn’t want to make it awkward.

Fast forward and I returned to the company but I haven’t mentioned that as it was years ago and I have a different surname so they won’t have connected that. I just wanted to work on the role I enjoy. I really hoped they’d learned from these things before but clearly not. I don’t have any paperwork now from the situation years ago but I don’t think that matters now. I just don’t know what to do with the current issue because I feel like history is repeating itself and if they don’t approve it then I can’t work here.

Any advice? Or suggestions on the next step?

youcancallmequeenE · 20/11/2019 10:56

@blueberrybubblegum I'm so sorry for what you've experienced. That is truly shit.

I can

youcancallmequeenE · 20/11/2019 11:01

Sorry posted too soon.

From what you've written I've determined the following

You've encountered a reaction to a flexible work request

No business reason was given to you for not being able to work a 4 day week

When you asked to work flexibly and less days you were asked if you would consider a demotion.

This has happened before

Your flexible work request isn't as agreed

There's some serious red flags here. I would suggest getting in touch with acas ASAP and discussing this with them. You can also get access to some advice through CAB who will refer you to your local law centre if they deem it necessary.

Thirdly, google the pregnant then screwed campaign and speak to them. They are experts in their field and can help.

Alongside doing the above, I would be contacting your HR department in the first instance and telling them these issues. It absolutely is not acceptable to discuss demotion with you on the back of a flexible work request. I'm presuming you had no capability issues outstanding prior to going on maternity leave?

blueberrybubblegum · 20/11/2019 13:23

@youcancallmequeenE
Thank you for that.
It was a bit heat of the moment so I rushed that through in a bit of a panic because I need to sort it.
You have read it right.
I have spoken to acas yesterday and they have advised I appeal due to there being no reason given for denying the request that would cause a detrimental effect to the business.
He has agreed that there’s a case of maternity discrimination and that I need to raise concerns with my employer regarding this and then follow the Acas guidance if this is not resolved. He said there’s a potential breach of contract and also had concern over the fact that I was informed of the new employee taking the promotion on the same day I had my formal meeting for my FWR.
They have been a huge help and I’ve just posted off my appeal letter.
I needed clarity before I did anything that my employers have not dealt with my situation fairly. I was worried I was seeing it one sided due to it being about me but they’ve agreed that it’s been handled badly.

OP posts:
RaeCJ82 · 20/11/2019 15:26

Not a great deal of help, but if I was you I would be looking for a job at a company which is a little more family friendly. By the sounds of it you won't be advancing your career with them now you have a child.

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