Is this discrimination?

[NigellaSeed]

To offer new shift patterns on a first come first serve basis, not offer to those on maternity leave, and then the desirable shift pattern is unavailable?

Maybe. Maybe not. How close was the person on maternity to returning and had they signalled their intention to return?

Definitely stated my intent to return -

Just to be clear - everyone got a new shift pattern - the whole company scheduling system changed - they just never offered me a choice and have just given me a new pattern, one that was left - the dregs, if you will.

This is a big company, probably top 5 in UK - if that helps

Depends on when they implemented it, if it's within a month of your return date the yanbu but if longer they needed to cover shifts for then, they couldn't leave a hold for months on end

Yeah the implemented it some time last year. The pattern they've put me on is not one I can do - it's the same hours per week as the one I want - but totally unworkable :( if I hadn't been on mat leave I would of got the one I wanted so I do feel it's unfair that everyone else got to choose.

How would you have got the one you wanted though? Someone would have to do the shift pattern you’ve been given, surely?

How far off the one you had when you left is it? Eg you worked days and now given nights.

I'm not really sure how you would go about proving first come first served as discrimination, as even if you had been at work there's surely no way to know if you'd have gotten those shifts as someone might have taken them before you?

I'm sure someone with more knowledge will help soon though as I'm not sure on the actual law of it

Okay, then I'm feeling really worried. The shift pattern they've given me is the same hours but spread over more days so I can't get the childcare to cover it. Oh dear, :(

There are about 900-1000 people in my office, with more offices up and down the country. So I guess I was thinking that they could of let me secure my pattern when they offered to everyone else, I'm only one person in 10000s+ of employees. :(

So have you asked them to change your pattern?

Yes and they said that the one I want isn't available and id be on a waiting list

A waiting list implies multiple people didn't get their first choice?

Okay. I'm screwed

Can your partner submit a flexible working request to change their hours?

My partner is going to be working flexibly - but we can only manage if I was going to be working 3 days a week not 4.

Sorry - there’s really little info in here to be able to make more suggestions. :-/

Yeah I get that. I really thought that it was discrimination tbh - but it's maybe that I've been very naive. I don't know what to do now but that's outside of the OP

Everyone was told to put down their first and second choices for pattern. So I guess I can't assume I'd of got my first choice - but I would of had more of a chance then not being offered and given the scraps

I'd contact ACAS and see what they say. I'm not sure it isn't discrimination: you should be offered the chance at, say, promotion, even it you aren't back for months, the theory is then they cover the role with a mat leave cover. The same theory surely applies to shifts? You are in a worse off pattern due to a permanent change in working conditions that affected all permanent staff because you were on leave so not given an opportunity to state a preference when everyone else was.

I don't see how that isn't discrimination, tbh but I'd ring ACAS and see.

How was this shift change managed? You should have been informed/consulted with and given the same opportunities as other staff to give your preferences.

If the announcement / change was made while you were off and you weren't told until later (meaning you were unable to submit a preference) then it is definitely discriminatory.

Yes the change was made after my leave started - okay, so I may have a case to appeal then, there's some hope

Don't you have the right to return to the same, or similar, shift pattern? I would seek advice from ACAS.

It technically is. You should've been informed of it at the same time as everyone else and given a chance to submit your preferences. So that is definitely an issue.

If you're absolutely sure you had no idea that this happened until now you might have a chance.

It's irrelevant if you wouldn't have got it, you haven't had the chance to ask and that's where the discrimination lies. They either forgot about you or didn't want a desirable pattern held up for a year.

Fighting this will be a pain in the arse though , and working relationships might be affected negatively.

First step definitely ring ACAS or your union if you are part of one.

Yes I agree that it’s arguably discriminatory.
If you’d been offered your choice at the same time as everyone else then you might have got the most popular option or you might not. If you’re not offered the choice until later because you were on mat leave then you definitely wouldn’t get the popular option.