Flexible working request refused and urged to resign during maternity leave

[TheHazelViewer]

Hi all, just wanted to get some perspectives and hear what you might do in this situation.

Currently on maternity leave & my flexible working request was rejected due to being unable to find someone to job share (there was NOT a thorough process but I can’t prove that). I appealed this & asked that they re advertise the job but take out the part where it says that a degree is an essential requirement - because it isn’t and this may have put applicants off. My boss said they might do that in future as a degree is not necessary for the job but they’re not going to do it just to fill my job share.

Lo and behold, a week later, a full time version of the same job and a more senior version of it has been advertised with a degree as not essential.

I had 3 months of enhanced maternity pay and part of my contract says that I must pay this back if I do not return to work for at least 13 weeks after my maternity ends.

Work told me yesterday that if I hand my notice in by Monday, I won’t need to pay it back. It needs to be Monday as they want to advertise and interview for my job with the other ones they have put out.

I’m actually heartbroken as I love my job but I just won’t go back full time as I want to spend time with my baby. This is a job I went to university for and it seems so sad that I have a few days to make a decision about my whole career. I have never done anything wrong there and have only ever been praised for my work, all I have done ‘wrong’ is go and have a baby 😭

I am due to return in July. What would you do?

I'd be speaking urgently to Pregnant Then Screwed, ACAS, Citizens Advice - anyone able to discuss the legal situation here.

Don’t resign. Get advice. If they want to manage you out let them, and make them pay. Don’t just hand in your notice

They can’t fill your job unless you resign or force you to resign. That would be constructive dismissal and direct sex discrimination. The fact they are advertising your role and trying to sweeten your resignation would be cause for you to resign due to constructive dismal. I strongly recommend you get legal advice asap and before you make any decisions. Start with ACAS but look at oval employment law solicitors.

They don’t have to accept a flexible working application if there is a strong business case not to, but this doesn’t seem the case .

I don’t understand how they can advertise your job when it isn’t available. They’ve turned down your flexible working request, as they are entitled to do, but that doesn’t necessarily mean you’re going to resign. They seem to have decided for you and that doesn’t sound right.

Yes don't resign. Even if you need to go back full time temporarily. Do talk this through with someone who understands employment law.

Don't resign. Use your accrued annual leave to work a few months of 4 day weeks then see how things go.

How part time do you want to go? They are entitled to refuse the request.

They are also allowed to lay out a negotiation for you exiting the company – it’s called a protected conversation. Though there should be no pressure applied and it sounds as if there was.

Can you get hold of a union rep?

ACAS may be of some guided help, but Pregnant Then Screwed, I have heard time and time again, are not helpful in these cases.

Don’t agree to anything, tell them you are taking legal advice then find a good employment lawyer.

That sounds like a total piss take.

The whole degree thing is weird too. You say the job doesn't require it, but they claimed it did. Then changed their mind? And you say you went to uni in order to get this job? They clearly don't know what they want.

Don't resign. Don't do anything for now except get some legal advice. There will be an appeal process for the refusal of the flexible work request too? If they want to get rid of you they will need to pay you a settlement. It's awful to advertise your job when you're still in it.

I think they've made a generous offer.

You don't want to return to your post, they would prefer that if you're going to go, you let them know formally asap so they can fill your post, and have offered and incentive to do that. There's nothing wrong in any of that.

Every job share situation I know of the partners found each other, it's not down to them to find someone for you.

I've never heard of that - all job shares I've ever seen in my wider organisation (including my own) were advertised openly and interviewed for appropriately.

I agree with the others OP, you need legal advice and a conversation with your union if you're in one. I'm so sorry this is happening to you at a time when you should be enjoying your mat leave, you deserve far better.

Well I don't know, I guess organisations will be different, but there are loads of articles onkine about ways to find a JS partner, even "dating" sites to help you do it, so it's definitely a thing and there's no obligation on the company to find someone.

IANAL. This is what id do.

Go back full time.

Use annual leave, parental leave and emergency leave to manage the first few months.

Appeal the flexi working request.

Get legal advice.

Dont resign, dont be rushed.

Look elsewhere.

Problem is, going to the union and getting lawyers and all that, they can just say that your job is still there for you. You don’t actually want it so what would you be fighting for exactly?

yep! A degree was essential when I was interviewed.

The job they have advertised without the degree isn’t mine but the same position (someone else left).

It’s a school so I can’t use my holiday in term time 😔 I go back to work just before the six week holidays but then need to somehow be employed for another 7 weeks without going in every day in order to not pay the enchanted maternity pay back😭

I'm sure it is - but it's not true to say it's not down to them to find the JS. In many places it is and the OP hasn't said anything about the recruitment process for JS, so we don't know enough to claim it's not her employer's place.

I would go back.
If it’s a school job you have plenty of holidays to be with your child.

Are you a teacher OP? Seems very suspicious they are unable to recruit a part time teacher. Not sure that would hold at a tribunal if their grounds for refusal is that they’re unable to recruit someone else.

Do not resign. Appeal the flexible working refusal and get legal advice from your union or if you’re covered on your home insurance.

There is a legal requirement to properly consider flexible working requests. Declining them without reasonable grounds could be indirect sex discrimination in the OPs case.

I'd go back full time then at least initially- if you are in a school, do you get to go home by 4pm? You dc won't remember this period and it doesn't have to be forever, just till you get things sorted out. Can you soeak to hr if its a local authority school?

Hi OP - so sorry to hear this. I am in your position but will be going in full time JUST to see how things go... I am so reluctant to go back as I want to spend time with my babies too but my employer won't accommodate part time. The way I see it, my job as other advantages that I'd struggle to find in another job (for instance easy to take annual leave, pretty flexible for medical appointments etc, WFH) so I am going to trial it and take it from there. Can you do that at all? Just to test the waters?

She can't be a teacher if she's saying it's a job that a degree isn't needed for. Teachers are always graduates and also have to have a post graduate qualification.

TA maybe? Or another support role?

Do not resign @TheHazelViewer

Take a look at this, you have options