Urgent advice please!

[chaosisawayoflife]

Hi all

I'm currently off on additional maternity leave. I had a meeting with my boss 4 weeks ago in which we discussed my return to work. He offered me my old job but I had already stated that I am looking for a part time position, and this is not possible with my previous role. In this meeting we discussed 2 different part time positions that would be a possibilty for me. I said that I would be interested in one of them and followed up with an email the following day to confirm my interest in taking up this role. He said he would write to me with an official offer the following week. I gave him the benefit of the doubt but 2 weeks later when I hadn't heard anything I chased him up, stating that I needed to confirm nursery places etc and needed the offer letter. He replied saying he was looking into the feasibilities of the role etc and would get back to me. (He had 2 weeks prior to our meeting to look into this, as when we arranged the meeting I told him what days etc I was looking for). Now, we are 2 1/2 weeks before I am due to go back, I have just chased him again and he told me that he has been reviewing budgets/headcounts etc in light of the current situation before finalising anything and he will call me this afternoon. Now, I am fairly sure he is going to tell me he doesn't have a position for me now, having messed me around for 6 weeks now thinking I will have a job to go back to. I know that as I have turned down my old job he is under no obligation to offer me a different position, but do you think I am within my rights to ask for my notice period to be fully paid? I am on a 3 month notice period. Are there any other implications I should be aware of?
Sorry, its turned out a bit long but I really need to know where I stand before I speak to him this afternoon.
Thanks

To be honest, I want the job he offered me 4 weeks ago. If not, then I want as much as I can possibly get out of them. From as soon as I fell pregnant I had a feeling that they would mess me about, as they are not renowned for their touchy-feely family friendly approach! I'm really pissed off that I've been messed around like this and he's shown absolutely no respect for me as a person or an employee (I should add, I was a member of senior management).

I'm not sure I understand. You have confirmed that you don't want to go back to your own post, and have been discussing the possibility of a part time position that your boss may be able to offer you. You now feel this may have fallen through. I'm not sure where your notice period comes in though?

Obviously if you don't want to go back after maternity leave you must give the normal amount of notice, but if you made it clear you would only be going back if your boss would be able to find you a part time post to suit you, I think it would be unreasonable of him to expect you to give three months' notice of your intention to definitely not return, if that's what you mean? If he does insist on you giving (therefore effectively working as you are almost due back at work) three months' notice, you would do this at your full time rate yes.

I'm not sure you mean that though?

x-posts. I'm assuming from your last post that there must be an awful lot more to it. Your boss has discussed 2 different positions with you on a part time basis, which he was not obliged to do at all and may now not be able to offer you the one you wanted. Irritating yes, but I assume there must be a lot more to it for you to say he's shown absolutely no respect for you as a person, that's a very strong comment.

Are you sure your old job can't be part time? Or job share? Are any other people at the same management level working part time hours - if so, how is he justifying that your role can't be?

You do need him to put things in writing, whatever he says, and if he does say he can't offer you a job, ask him to explain the legal justification behind that in his letter ie why he thinks he is entitled to make you redundant.

My sister had all sorts of problems with returning both times from Mat leave, and found the CAB extremely helpful - she got her way both times in the end (they caved in 5 mins before end of the day before she was taking them to court..). Your CAB may find you a solicitor for a free 30mins consulation if needed as well.

He has to offer you your old job, or one of equal position/status and the fact that you asked for part time work doesn't detract from his obligation - if he can't offer you a role then he is making you redundant, and there are very specific legal criteria he has to meet in order to do this. If the problem is the part time bit, then he has to explain in writing why you can't work part time and since he originally had 2 roles that were part time then he obviously can support a part time worker.

To sum up - take notes and then contact CAB. DON'T TAKE THIS LYING DOWN!! People think they can get away with all sorts of crap because a new mummy will have too much to do to sort it out. Prove him wrong - good luck!

Hiya

Yes, I know he's not obliged to offer me anything, but he did. Although not in writing he told me in the meeting that he would confirm in writing the following week. I was probably a bit harsh in what I said, but we met 4 weeks ago and its now 2 1/2 weeks before I'm due back, I've made it very clear to him that I need to sort out nursery etc and he's fobbed me off until now. I'm just pissed off that he's messed me around like this. If he's said in the meeting that there was no part time position then fair enough, but he's led me on. I know I'm probably not entitled to anything but to be honest I'll try for anything I can get!

Where did redundancy come in? The OP isn't redundant and nor will she be if her boss can't offer her a job on the hours she wants. She would be redundant if he was unable to offer her her old or an equivalent job back, but she's refused that already.

What do you mean by 'anything you can get'. Like what?

Yes it sounds as though he's messed you about, but I can only assume that if he knew all along that he wouldn't be able to offer you a job on the hours you wanted he would have said so. I can't think of any reason why he would 'lead you on' tbh. It just sounds as though circumstances may have changed or he may have been a bit premature in the verbal discussions you had, but nothing more.

it sounds like you turned down you old job and asked for a part time one.
he said he'd look into it and could have something to offer you. you've taken that as a job offer rather than him looking into it like he said.
now he's still looking into it but its looking less likely that he'll have something to offer you.
its a shame but its not his fault you took something as concrete when it wasnt

x post. Thanks Kirsty. I'll see what happens today and take it from there. I wanted to catch him on the hop really and if he does tell me that I don't have a job then I could just say 'oh, I assume you'll be paying me for my notice period then'. It would be difficult to make my old position part time although I'm sure if he really wanted me back then it could be worked out.

If he offered you your old job back, then obviously he was prepard to pay your for working full time? If that's the case, how come he is now saying he can't afford to pay for you part time?

I know he might need to pay for someone full time to do your old role, but can that not be 2 people part time - you plus other? Sounds like he is trying to save himself some money by using the 'credit crunch' as an excuse for not meeting his legal obligations.

I would phone the CAB now, to see if you can clarify your position before he calls you. I suspect you will find there is a lot more legal protection for you than you realise!

X posted with you then chaos . If you think he could make your job part time, then he should, shouldn't he?

When me met we discussed a specific role that is a business need now due to current circumstances. It was a relief manager to cover lots of different areas as staffing levels have slimmed down and cover is more challenging now. So it wasn't a case of 'I might be able to offer you something, let me look into it'. It wasn't a firm job offer, I appreciate that, but it was something that he'd had 2 weeks to look into following my confirming I was interested in a part time role before our meeting.

Before I went on Mat Leave with my first, I was thinking that I wanted to return part time. My employer and I were working on a new role, ie one the company didn't already have (small business but growing) that would have been great (basically, I was looking for a promotion ).

But, we had to stop because they were told by their solicitors that they weren't able to offer me a new role at a different level of management - it had to be something that was the same as previously, even if I wanted the change?!? Something to do with a higher pressured job might be seen as harder to fulfil, so a way of discriminating/making it all harder for me to stay. Essentially, they had to offer me the old one on part time hours.

As it happened I quit and when to Uni instead, so it was never an issue, but I do remember it was an extremely tricky area that involved a lot more issues than we thought. A new mum returning from Mat Leave has loads more protection that we thought!

I think the CAB would be a good idea - hopefully they ought to understand the legal position?!?

Good luck

Unfortunately LeninGrad I don't think that's a decision I get to make. And yes, I am probably feeling a bit adversarial because 2 1/2 weeks before I thought I was going back to work I'm probably going to be told I'm not, and what do you reckon my chances are of finding a decent, well paying part time role in this current climate are? I know its my decision to only work part time, and its not his problem if he can't fulfil it, but I was just asking if its reasonable for me to ask for notice pay or anything else considering the late notice and the withdrawal of an, albeit not firm, job offer.

Why on earth do you think you are entitled to be paid for your notice period?

If you have refused your old job and there isn't another part time role available then leaving is your decision. if you then give notice you may be required to work your notice perios (for which you will obviously be paid) or if you choose not to work your notice period you may be required to pay any money you received during your maternity leave back.

If you choose to leave (and not accepting your old job back is you choosing to leave), you certainly won't be entitled to any money.

Yes, I think I need to stop second guessing what he's going to say and just wait and see. I'm feeling pretty anxious about the call this afternoon and don't want to say the wrong thing and jeopardise any chances I might have either of a return to work or any payment I could get. Things are pretty tight at the moment and the thought of trying to find another job is stressing me out.

Have you officially resigned from your previous job? If not, I would suggest asking him to explain why he feels your previous role can't be part time. (especially if you feel it could be). He has to come up with a really strong reason why not, otherwise he needs to offer it to you part time. This is different from not being able to offer you a new, different job, which he is not under any obligation to do. He is, however, under obligation to offer you your old job part time if it can be achieved.

If he accepts that you could do the job part time, but he doesn;t want you to (credit crunch etc) then as long as you haven;t resigned then he is making you redundant.

Oh, and try not to be too rude on the phone - been there, done that and regretted it!! (although suspect I might be a tad too quick/too militant myself!!g )

Hi Chaos

Don't know if you've seen this, but it might be helpful www.adviceguide.org.uk/index/life/employment/maternity_leave.htm esp the bit about right to return and rights part time etc.