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?

I knew it was going to happen before I left, they'd proposed the idea but nobody knew when it would happen -

I should also say - im going from full time to part time - they've said yes to the number of hours - just not the pattern (sorry to drip feed!)

I asked my employers back in January if I could change my hours for my return in June (as I was applying for a mortgage and wanted my new hours secured) and I was told in writing that they couldn't forsee the business needs in June so wouldn't change my contract.

So I had no chance

Your comments are very encouraging - I'm going to email my union, I have been stewing on this since I found out yesterday evening and I can't stop going over it - I just wasn't sure if I had a case to argue it.

I think it's discrimination. They should have kept in touch with you and given you the opportunity to apply for what you wanted when everyone else did. If you weren't on maternity leave you would have had that chance.

If you've got legal cover on your house insurance you could try speaking to them too. Good luck!

@summerdodododododo

I think it's discrimination. They should have kept in touch with you and given you the opportunity to apply for what you wanted when everyone else did. If you weren't on maternity leave you would have had that chance.

If you've got legal cover on your house insurance you could try speaking to them too. Good luck!

Thank you :)

@NigellaSeed

Your comments are very encouraging - I'm going to email my union, I have been stewing on this since I found out yesterday evening and I can't stop going over it - I just wasn't sure if I had a case to argue it.

How was this "offer" done?

Via email? In person?
Do you know if other people that were off around that time got the opportunity to put their preference in?

What did they say exactly about your working pattern when your part time request was approved? If there's nothing in writing and confirmation about your days , sadly I think they'll use this to justify their actions.

Definitely ring your union.

So I could be wrong but I think everyone had a form to fill out or possibly they had a short 1:1 with someone and made their selections.

I was emailed the choices as part of my return to one. Chose the one that works for me. And got email from manager yesterday to confirm that they've reduced my hours as requested but putting me on a different pattern as the one I chose has a waiting list.

I have no idea about what's happened with anyone else on leave though

So you e requested to return on different terms. Is that part of the reason it’s only the hours you do t want that are available?

You have to ask yourself what you hope to achieve from this though OP.

At the end of the day, those hours have gone, and in truth although you might have been able to put down preferences, someone would have been chosen above you to do those hours because they were there and you weren’t.

So while it’s annoying that you weren’t given the choices, the truth is that even if you had been, you would be unlikely to have been given the hours anyway and would still be in the same position.

They’re not going to change someone else’s hours now because you wanted them and didn’t get the chance to state your preference. And this is likely to affect your working relationships.

As frustrating as it is I think you need to suck it up sadly, and perhaps look for work elsewhere to find the hours you want.

Talk to your union.

I recall that women on maternity leave get preferential treatment when it comes to redundancy action; so it seems unfair that you were not given similar preferential treatment when it came to such a major change in terms.

@NigellaSeed

So I could be wrong but I think everyone had a form to fill out or possibly they had a short 1:1 with someone and made their selections.

I was emailed the choices as part of my return to one. Chose the one that works for me. And got email from manager yesterday to confirm that they've reduced my hours as requested but putting me on a different pattern as the one I chose has a waiting list.

Is the pattern you chose different from the one you use to have or fairly similar in terms of days(just less hours)?

@OnlyInYourDreams

You have to ask yourself what you hope to achieve from this though OP.

At the end of the day, those hours have gone, and in truth although you might have been able to put down preferences, someone would have been chosen above you to do those hours because they were there and you weren’t.

So while it’s annoying that you weren’t given the choices, the truth is that even if you had been, you would be unlikely to have been given the hours anyway and would still be in the same position.

They’re not going to change someone else’s hours now because you wanted them and didn’t get the chance to state your preference. And this is likely to affect your working relationships.

As frustrating as it is I think you need to suck it up sadly, and perhaps look for work elsewhere to find the hours you want.

I am hoping to achieve a work schedule that means I can continue to work there, i don't want to lose my job nor give back all my mat leave pay -

I don't think its fair to say it's unlikely I would have got my choice if I had been there - how can we possibly know that?

It is not discrimination. Work places reserve the right to refuse the request of changed hours/flexible working after maternity, unless otherwise stated in your employment contract.

I think you should have been given first choice on the pattern for which you have been put on the waiting list.
You have a union so use them - don't contact a lawyer as your union may refuse to represent you as you've gone elsewhere.
You pay your subs exactly for this.

So could you return in your old hours? And it’s because of your flexible working request that they’ve offered you the new hours? It’s debatable really. I’d try to appeal it if you can but I don’t know if you will win

there's lots of shift patterns, of all various hours, so there's full time ones to choose from, 30hr ones, 25 hrs etc.

I requested one of the part time ones, - and they've given me a different one - but the same number of part time hours.

From an HR perspective - everyone who was not on maternity leave was given a choice in working pattern. You were on maternity leave and were not given the opportunity to give your choices as a result of this - no one contacted you to communicate this and get your choices? The fact you were not offered a one to one, IE you were treated differently to people who were not on maternity leave would be pretty difficult to justify. It’s not like you were left off the Christmas party list (an actual recent maternity discrimination case which resulted in a 9k payout), but something which will impact on your working pattern going forward.

Have you spoken to HR?

@Littlegoth Thanks for your advise, and yeah, you've summed it up correctly. Not yet, but um drafting an email to my union to see what they think

@NigellaSeed

there's lots of shift patterns, of all various hours, so there's full time ones to choose from, 30hr ones, 25 hrs etc.

I requested one of the part time ones, - and they've given me a different one - but the same number of part time hours.

The reason why I'm asking is to figure out whether they can argue that they ringfenced your position, hours and pattern (that was previously acceptable and even desirable) and that only changed when you requested to change your hours.

@NigellaSeed it’s blatant discrimination. Your line manager has really messed up here (assuming it was down to them to contact team members re 1 to 1s). Even if it wasn’t down to them, they should have contacted you to offer you the opportunity to have the 1 to 1. You’ve had less favourable treatment due to being absent. Hope you get it sorted amicably!

Let’s hope there isn’t evidence of a letter or email being sent to the OP.

We’re you really clueless of the changes, OP? All those colleagues - were you not in touch with any of them?

@NavigatingAdolescence we thought ‘insert team member name here’ told OP wouldn’t fly at a tribunal. It’s up to HR/line manager to ensure communications like this are received formally. Not any other colleague to pass messages on.

It depends where an email was sent. You aren’t expected to check work emails while on maternity leave. I’d argue that it’s common accepted practice to check a communication like this has been received, especially if there’s Ben no response.

Been^

I agree. I’m just asking generally.

@Accidentlyonpurpose - the shift pattern I had before I left no longer exists - every single employee has had to choose a new pattern - so I haven't really asked for flexible working I've just picked one of the 20 hr patterns - presumably this issue I'm facing could of happened to me if I'd gone back full-time - I may have ended up being given a FT pattern that was all evenings and weekends for example, IFSWIM. sorry, I hope that's what you were asking :)