Advice needed - boss refusing to let me come back full time after mat leave

pag2020 · 2023-03-09T13:24:27+00:00

Hello all! Looking for some advice from any of you that has some HR/employment rights experience please? So I went off on Mat leave in July 2021 and went back to work part time in May 2022. Started off on 2 days then went up to 3 days in June 2022. I used to work full time 5 days 8:30am - 430pm and I had initally said to my boss that I would come back part time with the view to come back full time once DS was a bit older. So I approached him the other week and asked him, I'd like my full time hours back please as nursery have agreed to take DS full time. His response was, "now is not the time to come back full time, I can't justify you being here for 2 extra days. 3 days is enough". I explained that I am struggling with 3 days, both financially and also the fact that I am still doing my previous work which was a full time job, in 3 days. Now I have just left this and accepted it for now as tbh, I have no idea who is in the right here. Am I entitled to go back to being full time or have I lost that right after going part time? Some advice would be great before I actually go back to him with a response. Thanks all x

ChessieFL · 09/03/2023 13:26

Unless there was an agreement that your part time hours were temporary then no, you have no right to demand to go back full time. You can ask, but if there’s no business need they don’t have to agree.

ShiverOfSharks · 09/03/2023 13:27

I thought you were going to say that you'd been FT before mat leave and wanted to return from mat leave FT. If that had been the case, your boss would have been legally obliged to offer you the same hours as prior to mat leave.

But that isn't the case - you went voluntarily onto a PT contract and have stayed on it for months. You don't have any guaranteed right to FT hours again; your maternity leave really has nothing to do with it now.

dementedpixie · 09/03/2023 13:28

If you came back part time and have been working those hours then I can see why he won't give you the extra hours if he feels he doesn't need you on those days.

It would be different if he was trying to cut your hours directly after maternity leave but it was your choice to do fewer hours on your return to work

Eviebeans · 09/03/2023 13:28

I think he’s unlikely to want you to go back to being paid for five days if you’ve been managing the full time workload in three days

Dartmoorcheffy · 09/03/2023 13:29

Unfortunately you've shot yourself in the foot a bit here by proving that you can do 5 days work in 3 days.

sotired2 · 09/03/2023 13:30

He's within his rights to say this if you dropped down to part time with no plan in place, in writing, for you to go back full time by a certain date IE The Part time was considered your new working hours then you are stuck at three days. Your full time hours where only protected until you came back from maternity leave. Options are:

Find another job for 2 days or find another job which is the hours you want.

Original poster

pag2020 · 09/03/2023 13:32

Well this is the problem, when I first came back after Mat leave, my work load was reduced seeing as my days were reduced. Slowly over time, my work load has increased back to how much I was doing over 5 days (plus more) and I'm falling behind and struggling. I explained this to him and he didn't seem to care much. So it is what it is I suppose!

OP posts:

arethereanyleftatall · 09/03/2023 13:32

How have you been managing the role in 3 days?
It's one of only 2 reasons.
One - it is a 3 day role
Two - you've been working extra hours whenever possible to fit five days work in to 3.

Either way - there's zero incentive for a boss to pay you more, for no more work.
If option two - you have the choice to leave

GrumpyPanda · 09/03/2023 13:33

Dartmoorcheffy · 09/03/2023 13:29

Unfortunately you've shot yourself in the foot a bit here by proving that you can do 5 days work in 3 days.

This. You'll have to come back part time but work on your boundaries - systematically point out there's not enough time for all components of your position and ask boss each and every time what he'd like you to prioritize.

Verylongtime · 09/03/2023 13:38

Dartmoorcheffy · 09/03/2023 13:29

Unfortunately you've shot yourself in the foot a bit here by proving that you can do 5 days work in 3 days.

No, OP, you can’t increase to full time without them agreeing to it. You chose to go part time and they agreed -that’s your contract with the company. They don’t need you to work more hours. You’ll have to make a business case if you want to change their mind.

sotired2 · 09/03/2023 13:41

My advice then would be to be strict on your working hours and anything not done in that time leave it.

fruitbrewhaha · 09/03/2023 13:50

If he doesn't have any more work for you to do then he doesn't have to pay you for another 2 days. You've proved the work can be achieved in 3 days.

You need to provide a business case. What else can you do for the company. Are there any projects you could work on? Any additional service the company can provide?

Original poster

pag2020 · 09/03/2023 13:54

Fair enough. Thank you everyone for your advice and honesty! I just wasn't sure if I had a right to go back to my original hours. Will have to think of a plan B!

OP posts:

Sarahcoggles · 09/03/2023 13:57

I would say that you are doin 5 days work in 3 days so they either increase your hours or reduce your workload.

cocksstrideintheevening · 09/03/2023 14:00

Time to look for another role.

In the meantime, work your core hours and if you are really doing 5 days in 3, it will highlight the overspill. Do you do timesheets?

AmericasfavoritefightingFrenchman · 09/03/2023 14:06

On the assumption that your boss is a reasonable person, and that you have been working outside your contracted part time hours to fit in more and more of your original full time workload, you can try this approach:

You go back to him and say, 'Look, I realise I've been naive not to insist on putting the plan in writing, but I was very much working on the expectation that we would be increasing my hours back to full time by around about now. I assumed you still had that expectation and that was why you have been steadily giving back more and more of my original role.

I was willing to squeeze that work in as good faith on my part until we made the increase in hours official. But if that's not going to happen, I can't keep working outside of my contracted part time hours to get everything done. I'm only going to do what I can manage in my contracted hours. If you want that extra amount of work done by me we'll need to discuss a business case for the fact that you do need more of my hours now.'

Then be really strict about only doing what you can do in your three days and keep the conversation open with him. Be really upfront when he passes work on and say 'I can't do this until a fortnight next Wednesday because I don't have the time...'

Hopefully this way either he agrees to increase to full time if it's financially possible for the company, or you are working and being paid fairly for your three days. It is quite cheeky, if common, to pile the work onto part time staff and at the least you should put a stop to that.

But I would probably also apply for other full time roles while this is ongoing, in case your boss turns out not to be reasonable.

Verylongtime · 09/03/2023 14:07

AmericasfavoritefightingFrenchman · 09/03/2023 14:06

On the assumption that your boss is a reasonable person, and that you have been working outside your contracted part time hours to fit in more and more of your original full time workload, you can try this approach:

You go back to him and say, 'Look, I realise I've been naive not to insist on putting the plan in writing, but I was very much working on the expectation that we would be increasing my hours back to full time by around about now. I assumed you still had that expectation and that was why you have been steadily giving back more and more of my original role.

I was willing to squeeze that work in as good faith on my part until we made the increase in hours official. But if that's not going to happen, I can't keep working outside of my contracted part time hours to get everything done. I'm only going to do what I can manage in my contracted hours. If you want that extra amount of work done by me we'll need to discuss a business case for the fact that you do need more of my hours now.'

Then be really strict about only doing what you can do in your three days and keep the conversation open with him. Be really upfront when he passes work on and say 'I can't do this until a fortnight next Wednesday because I don't have the time...'

Hopefully this way either he agrees to increase to full time if it's financially possible for the company, or you are working and being paid fairly for your three days. It is quite cheeky, if common, to pile the work onto part time staff and at the least you should put a stop to that.

But I would probably also apply for other full time roles while this is ongoing, in case your boss turns out not to be reasonable.

I think this is good advice.

Yesthatismychildsigh · 09/03/2023 14:10

Your title is a lie. You went back on part time hours and now you want to go back to full time but can’t. Bears no resemblance to your title at all.

donquixotedelamancha · 09/03/2023 14:11

Slowly over time, my work load has increased back to how much I was doing over 5 days (plus more) and I'm falling behind and struggling. I explained this to him and he didn't seem to care much.

Only do your contracted hours. Absolutely don't do any work outside of work. Look for another job.

RandomMess · 09/03/2023 14:13

I would start pushing back on work and deadlines, work to your paid hours.

Let him decide what does/doesn't get done.

Original poster

pag2020 · 09/03/2023 14:21

AmericasfavoritefightingFrenchman · 09/03/2023 14:06

On the assumption that your boss is a reasonable person, and that you have been working outside your contracted part time hours to fit in more and more of your original full time workload, you can try this approach:

You go back to him and say, 'Look, I realise I've been naive not to insist on putting the plan in writing, but I was very much working on the expectation that we would be increasing my hours back to full time by around about now. I assumed you still had that expectation and that was why you have been steadily giving back more and more of my original role.

I was willing to squeeze that work in as good faith on my part until we made the increase in hours official. But if that's not going to happen, I can't keep working outside of my contracted part time hours to get everything done. I'm only going to do what I can manage in my contracted hours. If you want that extra amount of work done by me we'll need to discuss a business case for the fact that you do need more of my hours now.'

Then be really strict about only doing what you can do in your three days and keep the conversation open with him. Be really upfront when he passes work on and say 'I can't do this until a fortnight next Wednesday because I don't have the time...'

Hopefully this way either he agrees to increase to full time if it's financially possible for the company, or you are working and being paid fairly for your three days. It is quite cheeky, if common, to pile the work onto part time staff and at the least you should put a stop to that.

But I would probably also apply for other full time roles while this is ongoing, in case your boss turns out not to be reasonable.

Thank you for this - great sensible advice

OP posts:

JussathoB · 09/03/2023 14:21

pag2020 · 09/03/2023 13:54

Fair enough. Thank you everyone for your advice and honesty! I just wasn't sure if I had a right to go back to my original hours. Will have to think of a plan B!

Not an expert but I think maybe you did have a right to go back to your full time hours but have lost this by going back part time. If there is plenty of work for you to do then a reasonable boss should try to arrange for your days to go back up to full time but he might not be obliged to do this. He might have had to make other arrangements due to you wanting part time.

drpet49 · 09/03/2023 15:26

AmericasfavoritefightingFrenchman · 09/03/2023 14:06

On the assumption that your boss is a reasonable person, and that you have been working outside your contracted part time hours to fit in more and more of your original full time workload, you can try this approach:

You go back to him and say, 'Look, I realise I've been naive not to insist on putting the plan in writing, but I was very much working on the expectation that we would be increasing my hours back to full time by around about now. I assumed you still had that expectation and that was why you have been steadily giving back more and more of my original role.

I was willing to squeeze that work in as good faith on my part until we made the increase in hours official. But if that's not going to happen, I can't keep working outside of my contracted part time hours to get everything done. I'm only going to do what I can manage in my contracted hours. If you want that extra amount of work done by me we'll need to discuss a business case for the fact that you do need more of my hours now.'

Then be really strict about only doing what you can do in your three days and keep the conversation open with him. Be really upfront when he passes work on and say 'I can't do this until a fortnight next Wednesday because I don't have the time...'

Hopefully this way either he agrees to increase to full time if it's financially possible for the company, or you are working and being paid fairly for your three days. It is quite cheeky, if common, to pile the work onto part time staff and at the least you should put a stop to that.

But I would probably also apply for other full time roles while this is ongoing, in case your boss turns out not to be reasonable.

This is perfect

AnneLovesGilbert · 09/03/2023 15:40

It really is. Great advice @AmericasfavoritefightingFrenchman

YankeeDad · 09/03/2023 15:44

If you are not putting in extra hours, as an alternative, how about this, depending on your confidence level as well as on what kind of person your boss is, and also on whether you think he could find someone else who could do the job equally well for the same total annual pay:

"I have become so productive at this job that I can do in 3 days what would probably take someone else 5 days. So how about a big raise? It does not have to be +67% which would get me to the pay for 5 days, but how about +25%,"

Or, if you are putting in extra hours, something like this: "I am actually working 10h / day on each of those 3 days, which works out to 75% of a 40-hour work week, even though it is compressed into 3 days. So can we agree that it would be fair for me receive 75% of a full-time salary for continuing in the same work? If not, I cannot afford to work 10h / day while getting paid for 8h/day, because if I can only have 60% of a full-time salary then I will have to look for a second job in order to make ends meet so I will need to strictly limit my hours to 8h/day and some of my tasks will have to get transferred to somebody else"

I do not know whether the numbers suggested above are sensible, but it is no coincidence that +25% on 60% of full time pay (from the first example) would get you to 75% of full time pay (per the second example), so the figures above are two different ways of asking for exactly the same thing!
I am also assuming here that if you are struggling on 60% then perhaps 75% of full-time pay and continuing with 3 days working might be OK for you. However, the first option above could also be helpful if you then were to start looking for full-time work afterwards: your full-time salary equivalent would be that much higher and some employers make reference to your currently salary when working out how much to offer.