Advice needed on work place bullying

[alixxx1]

Hi all,

Quite a complicated one here. When I was on maternity with my first child, my whole job changed, my manager, my team, my office however my job title and salary remained the same, so I didn't really see any issue with the changes, I of course was disappointed but accepted it.

Since I've returned from maternity, well over a year now, I have been subject to work place bullying and to make matters worse my manager is not helpful. He is very young, very bitchy and deceitful. He has his office favourites and it shows. I always have my annual leave declined, I'm always asked to cover everything with his response to this being 'other members of the team don't like doing that', so I am expected to do it. He even called me on a day I had annual leave and asked me to work because he didn't want to trouble one of my colleagues to cover a meeting... she was in work that day. It's a disgrace. Anyway there's lots and lots of issues that I have been noting down and enough is enough now. I'm pregnant with my second child and I need to think about my mental health. I physically end the working day with a pounding headache from the stress work is causing me. I feel like nothing I do is good enough, I am never thanked for the tasks I do and I feel totally undervalued and under appreciated. I have been in this job for five years and it has totally changed. I really am miserable.

Funnily enough I am due to go part time in April. However, I don't believe any changes to my contract have been made and there is no official change of hours date in place as yet. My manager has recruited someone for my job... his close friend funnily enough, who applied and was interviewed against no other candidates... suspicious. It was meant to be a job share but she has been given my job for four days a week and I have been told when I finally go part time, I won't be doing my job and I basically will be the office floater... I'll just float around and pick up everyone's shit basically.

I'm so fed up I'm contemplating going on sick leave. However, I am due to go part time in April and think maybe I should stick it out. But I can't see it changing. So I was wondering if I take sick leave now, whilst I am full time, will they have the right to then change my hours to part time and sick pay to part time in April? It is agreed I will go part time but it has been very unprofessional and my manager has been focused on his friend starting my job more than anything.

I would look for another job but with the current pandemic, me being pregnant and the fact that I really need the hours I've agreed, I cannot at this time look for another job but likewise if it carries on this way I'll end up having a breakdown.

Does anybody know what will happen if I go on the sick now as a full time employee? Whether I would still be paid full time in April? Will they be able to still change my contract to part time, or will they have to wait until I return from sick leave. My sick leave will be work related stress. I have approached my manager about the bullying but nothing has been addressed and in all honesty, he is just as bad.

Thank you all x

Hi Ali,
The first thing to say is I'm not any kind of legal authority, but I have some initial thoughts.
My first observation is that you didn't challenge the changes to your job role when you returned from maternity. Despite how understandable your reasons for not complaining, by not challenging these changes and going along with them for over a year, your employer is very likely to argue they understood you to have accepted these changes.
Similarly, your suspicions about the fairness of the appointment of your manager's friend will not be very helpful, unless you feel the recruitment process was discriminatory and the terms of the job share (you presumably asked for) have been changed. Were you clear with your employer how many days per week you wanted to work? If so do you have written evidence of this?
All of this said, whether your employer has the right to change the terms of your employment, and how they may do this, should be set out in your terms of employment. If you have agreed to a change of your terms and conditions and your employer can evidence this, these new terms and conditions will supersede any previous contract. If so, regardless of whether you are sick or not, I imagine these new terms will come into effect.
Again I'm not a lawyer and if you want advice google pro-bono solicitors, free legal clinics and/or Citizen's Advice; or check your house insurance for legal cover and instruct an employment law professional.
Sounds to me like time off, if you really feel on the edge, may be a good idea. Your health is paramount especially when that health is something your new baby really needs. Again, check your contract and make sure you understand your employers sickness absence policy.
Good luck with everything.