Contract has been changed whilst on maternity leave

[fancyfrogs]

Hello, hoping someone has some advice.
Clutching at straws here but I can hope.
I am currently on maternity leave from a job I absolutely loved. I’ve kept in touch with my colleagues and it has come to light that the shift patterns have changed. My contracted late shift was 1pm-9pm however this has now changed to 4pm-1am. This shift just wouldn’t work for me, by the time I got home and to bed it would be gone 2am, then with my husband getting up at 5:30am for work and having a baby to look after I’d be tired and that’s without mentioning the headache that childcare would cause.
I’m sad that I feel I have no option but to find another job now. I don’t think l have been discriminated against in terms of my maternity leave because the shifts have had to change for everyone (small team) due to covid.
Have just pulled this from the maternity policy - ‘We will assume that you are returning at the end of your leave, to the same role and work pattern as before your leave.’
Does this give me any standing given the work pattern no longer exists? And they have not been able to offer me an alternative (asked for permanent days and they said not possible). Gah I really don’t want to have to pay it back because it’s not my fault they’ve made it virtually impossible for me to return but it is in the policy that it must be paid back if I don’t return for 6 months after leave. I’d have to pay back in instalments as I don’t have money lying around and just feel so deflated and upset by it all, I had such a lovely stable job and it was perfect timing to have a baby and it just feels like a kick in the teeth.

Sorry if that’s a bit of a ramble!

No advice, but following as I'm just starting maternity leave and signs are that there may be a play on my role while I'm off.
Interested to see replies to your post.

Given that the shift patterns have changed for everyone I don't think you can make them take you back on the previous pattern. If you hadn't been on leave, you would have been given an opportunity to comment on the proposals but ultimately would have been given a choice to either accept the new terms or look for a new job, so you are probably right that you'll need to look elsewhere in the longer term.

I think you have a decent chance of being able to successfully argue that you shouldn't have to pay your additional maternity pay back. Make this point in writing so that you have a paper trail: you are 100% willing and able to return to work on your previous shift pattern. You understand their reasons for changing the shift pattern but the new pattern is incompatible with your other responsibilities. Given that they are not able to keep to their expected Ts&Cs of keeping your position open for you post Mat Leave, it would seem reasonable for them to therefore waive the normal requirements for additional maternity pay to be repaid, given that the reason you can't return is because of a decision that they made.

That said - if the above doesn't work out, I your position I would probably return and put up with the nightmare logistics of the 1am shifts just for 6 months. I understand that it would be really hard but with some babies and toddlers the chances are you'll be awake at 1am and 3am most night anyway. Ours was a nightmare until about age 15 months, I have a friend whose firstborn hardly ever slept until he was about 3yo. Sleep deprivation sucks but it can be tolerated for 6 months if you have to.

Are you sure the new shift pattern is permanent or has this been introduced to reduce staff working collectively? I think you need to have a discussion with your manager to clarify, unfortunately i would say the change is perfectly legal as it's the entire dept affected and if your maternity exceeds 6 months.

Surely there's supposed to be consultation about such a massive change and if they've not actually consulted you - because you weren't about when it happened (on maternity)- then it is a maternity issue.

You can do a few things here.

1. put in a flexible working request to not have as many night shifts or for them to be set out far in advance. That way you can plan additional child care like your husband taking a day off

2. your husband puts in a flexible working request to change his working pattern to work with the shifts.

As a question, why can't husband take the baby to childcare on the days you're on night shift?

Can you do part time, 4-9?

You say that the hours were contracted. If your contract specifies that the late shift is 1pm-9pm they cannot change that without your consent unless there is a clause in the contract allowing them to do so. If you refuse to consent to the change they can dismiss you but that may be an unfair dismissal.

Given the impact of the new shift pattern on childcare, it is possible that an employment tribunal would find that imposing the new pattern is indirect sex discrimination. Your employer would have to show that there was a legitimate business reason for the change in shift pattern and that they could not achieve their aim in a less discriminatory way.

In my view it would be unreasonable of them to reclaim maternity pay after making such a major change to your role.

Were you consulted on this ? My office moved, my (nationwide) organisation was restructured and the team of which I was team leader was disbanded all whilst I was on Mat Leave.
Having people on mat leave doesn’t mean that organisations can’t make changes to their operations, shift patterns, bases etc, but you should have been consulted.

Does your preferred shift pattern still actually exist? If you weren’t consulted, you would have a case for arguing to keep it.

That sounds really tough.. I am sorry.

How long do you have until you go back?

What childcare options did you have planned for the shifts you were supposed to be working?

What hours does your partner work?
How many days would you be working this shift?

And yes.. the childcare would be tricky..

Thanks for the replies.

Part time wouldn't work in terms of the shifts, they are pretty much non negotiable and can't be split into shorter shifts. I work on a rota with 2 other members of staff and we are the only one working when we on shift if that makes sense.

My husband is of course going to help with arranging child care but the issue is that he starts at 6:30am most days and DS often wakes at 6 these days so I'd have to be up with him then, after minimal sleep. He's a pretty good sleeper at the moment so I'm not up lots through the night but not getting to bed til after 2am is the issue. Yes sleep deprivation is normal with a baby. But I am a nurse and being the only one on shift expected to deal with emergencies if required, I wouldn't want to risk being too tired and making a mistake, being up with a baby isn't something I can help if I am but working these new hours would just be adding to that.

I wasn't consulted on this - it was a business change (non NHS) and it has changed for us all and I do appreciate it is an unavoidable change due to wider changes that have occurred due to the pandemic unfortunately. I guess if I hadn't been on mat leave when it happened, I'd be in the same position and have to leave too and it's just unsuitable for me and not the shifts I signed up for. Had they been these hours from the start, I wouldn't have wanted the job.

My husband is unable to work flexibly but his hours mean he is home every evening which works well for us. I'm lucky that my parents are my main childcare too. They have declined my request for day shifts only - I offered to work more days too thinking I was being reasonable and giving them options but apparently not! If I were to return to the new shifts, it would be mon, wed and thurs only. But I wanted to go part time to have more time with my baby, not to be tired and grouchy as I know I would be

Basically I know now I won't be returning. It's reassuring to know a few of you think it's unfair for them to reclaim the company maternity pay, this is my main concern really. I'm waiting for response from citizens advice and maternity action with regard to how to approach it with some backing.

Thank you all again, I hope I've answered everything

Forgot to mention 3 months until I'm due back.

I have 12 weeks notice to give but also around 5 weeks of annual leave. Just need to suck it up and hand it in. Have found a couple of jobs I'm applying for today with much better hours so fingers crossed.

Looking for another job in the meantime is sensible but I wouldn’t hand your notice in until you have it in writing that you do t have to pay back.

If they didn’t consult you, and your contract r their policy says you will go back to the same role and working hours you might have a case for discrimination and it would be worth getting some legal advice.

I think you would have a case here. They have changed your contract without consultation. Don't hand in your notice. I would take the stand that you are going back to the same hours you did before. Or an agreed change.

If you haven't already phone ACAS. They were brilliant with my work issue. They might be able to advise or negotiate on your behalf re the maternity pay issue.

Presumably there is also a new 8am-4pm shift, what was the reason they have just decided you're now doing the awful late-night shift that no-one wants rather than giving it to whoever was doing 9pm-5am previously?

If theyve let the other staff have first pick and given you what was left over, you might have a case since if you hadnt been on maternity you would presumably have been able to try to get the better shift.

@fancyfrogs

Forgot to mention 3 months until I'm due back.

I have 12 weeks notice to give but also around 5 weeks of annual leave. Just need to suck it up and hand it in. Have found a couple of jobs I'm applying for today with much better hours so fingers crossed.

Please read my earlier post.

If the timing of your shifts was contractual as you suggest they cannot change it without your consent. It doesn't matter that everyone else has consented.

Even if it wasn't contractual, you should have been consulted.

Putting you on the new shift pattern may constitute indirect sex discrimination.

Since your departure would be caused by them making a major change in your working arrangements it would, in my view, be unacceptable for them to reclaim your maternity pay.

Assuming you aren't in a union, I would strongly suggest consulting a lawyer who specialises in employment law before handing in your notice. Check to see if your house insurance includes legal cover.

@prh47bridge thank you. I am in a union which I actually completely forgot about (baby brain or flappy stress brain?!)

I have also spoken to ACAS this afternoon so thank you for the recommendation @Mmmmdanone.
They said basically I can start a grievance however I don't see that actually changing anything at all, it's pretty certain that my shifts cannot be what they were as business requirements have changed unfortunately. She did say that legal advice would be a starting point with regard to the pay, which I can access through my union.

Have emailed HR but not handed in my notice. Just want to see what they say - if they are reasonable and agree I shouldn't have to repay then I can deal with that. If not, legal advice it is. ACAS also thought I have a good case for not repaying which is good however did say that if it's in their policy then they can enforce it. Hoping they're reasonable but who knows.

@fancyfrogs

Hello, hoping someone has some advice. Clutching at straws here but I can hope. I am currently on maternity leave from a job I absolutely loved. I’ve kept in touch with my colleagues and it has come to light that the shift patterns have changed. My contracted late shift was 1pm-9pm however this has now changed to 4pm-1am. This shift just wouldn’t work for me, by the time I got home and to bed it would be gone 2am, then with my husband getting up at 5:30am for work and having a baby to look after I’d be tired and that’s without mentioning the headache that childcare would cause. I’m sad that I feel I have no option but to find another job now. I don’t think l have been discriminated against in terms of my maternity leave because the shifts have had to change for everyone (small team) due to covid. Have just pulled this from the maternity policy - ‘We will assume that you are returning at the end of your leave, to the same role and work pattern as before your leave.’ Does this give me any standing given the work pattern no longer exists? And they have not been able to offer me an alternative (asked for permanent days and they said not possible). Gah I really don’t want to have to pay it back because it’s not my fault they’ve made it virtually impossible for me to return but it is in the policy that it must be paid back if I don’t return for 6 months after leave. I’d have to pay back in instalments as I don’t have money lying around and just feel so deflated and upset by it all, I had such a lovely stable job and it was perfect timing to have a baby and it just feels like a kick in the teeth.

Sorry if that’s a bit of a ramble!

Hello @fancyfrogs - sorry to read of this difficult situation. I'm jumping in quickly to say that this week we are running a free online legal advice clinic about everything to do with employment and pregnancy and your rights in work as a parent, with Maternity Action. Volunteers will give you free advice on your particular situation if you post your question on the thread (they will message you privately for the info you don't want to post publicly). It ends Friday.

Thanks!

MNHQ

OP speak to Pregnant and Screwed as well. Very helpful.

They ought to have consulted you. Also, as the policy says they will welcome you back on same shifts etc as before, I'd work on the assumption (to them at least) that this is what you will be doing.