Work being obstructive about me returning after mat leave - desperate!

[LadyThompson]

I agreed verbally with work last July that I could return to work part time from home. I went on maternity leave mid-Sept 2008 (DC born Nov 08) planning to return mid-July 2009 when my statutory mat pay ceased. A fortnight before I was due to return, I was called into work for a meeting with my boss (it?s a tiny company so no HR or anything) and she said that she was rescinding her offer to allow me to work part time from home as she didn?t think it would work. She also said she never seriously expected me to return to work after maternity leave (even though I always said I would). She said she had expected the girl covering my mat leave would continue in my place. I asked to work part time in the office instead of at home, and she said that even that would be difficult for her to accommodate. I was shocked and upset, but when we parted I said I would think up a compromise and she indicated she would do the same.

On 4th July, three days later, I sent her a summary of our meeting, together with a proposal for how things would work if I was part time in the office. (The girl covering my mat leave only does four days instead of five anyway, so if she would drop to three I could do two, which would be fine). I reluctantly decided and indeed felt forced to take three months Additional Maternity Leave which, as you know, is unpaid, meaning I would return week beginning 14 Sept.

On 7th July my boss emailed to say she needed to think about it all and could we discuss it after a hol I was about to go on. She?d be in touch, she said. (I returned on 18 July).

On 20th July, she emailed to say a close relative was poorly so she couldn?t address her mind to things and would contact me soon.

On 3rd August, another email saying she?d be in touch ?soon?.

On 13th August, after a chasing email from me, she said she would come back to me with a counterproposal by 17th August at the latest.

On 18th August, she said she would come back to me with a proposal ?as soon as she could?.

On Mon 24th August, she emailed to say that she wanted another meeting. I replied to say that I didn?t really want another meeting, as last time she pulled the effectively pulled the rug from beneath my feet with no warning (obviously I put it in a more tactful way) and suggested email was more straightforward, or even the phone. I was not being obstructive, but a trip to London takes a full day and costs £27.50 trainfare and I just felt that all of our contact could be undertaken on the phone or by email. Moreover, given that she was not due to be in London until the week beginning 31 Aug I was aware that this would create yet more delay if I waited to see her face to face. I reminded her that if my suggestions of 4th July weren?t suitable, I?d be delighted for her to come up with a different suggestion or even a range of suggestions to discuss. I asked her to come back to me that same day. She hasn?t replied?.

I can buy myself a bit more time by taking a month of annual leave from 14 Sept (when I am supposed to return) as my holiday runs January to December and has been accumulating whilst I have been on leave (I doubt my boss realises this) but that will only take me up to mid-Oct.

Obviously I feel like telling them to get lost but I need this job and having worked for them for 12 years, I know perfectly well that my working part time would not be unfeasible.

I am at my wits end. Any ideas what my next move should be?

[LadyThompson]

OK, so they offered me six months' full time salary as redundancy. No other choice really but I will try to get them up a bit. I feel pretty down about it all but not sure I have got the stomach for fighting it.

[wingandprayer]

Well that sounds good. If they know they buggered this up you may end up with better deal than they planned originally, and if they still playing games, you know what to do next. Really hope it goes well.

[LadyThompson]

Hi there,

was away for the weekend. Employment lawyer very very helpful and we were just about to serve them with an official grievance for starters when work got back in touch and want me to go in for a meeting on Wednesday to 'sort things out' (whatever that means). They will pay my trainfare in and sound concialatory all of a sudden, so we shall see...Pushme, they have previously insisted that any working from home is a no (after previously saying all my work could be done this way!)

[pushmepullyou]

I've just come back to the thread too. Very sorry to hear this as well. Think I would be minded to do the same as you and return for a bit and find a new job asap. I assume that if the other girl is part time atm (I think you said 4 days per week?) she would no longer be eligible to do your job on this basis?

Could you request contracting your hours? Working through lunch hours could give you an extra 5 hours per week and with a couple of evening/working from home hours if feasible this would still give you full time hours, but a day a week at home. Alternatively might they let you work a day from home?

Hope the employment lawyer can give you some professional advice!

[wingandprayer]

Just come back to this thread, sorry to hear about the e-mail you received Lady. Has that employment lawyer been back in touch yet?

[traceface]

lady that is very stinky indeed. Am so and on your behalf. I have nothing of any use to add, other than in relation to parental leave - you might be wise to not use it now because if you do end up still working there, you may well need those days if dd is unwell or something, in which case you'd be stuck if you'd used them all up.
It seems that might be by the by now though with your boss's latest email. I hope the employment lawyer can advise you very soon before you run out of days to appeal.

[LadyThompson]

Will do.

[kd73]

Of course not...
good luck and and please post on my thread if you manage to get any good advice which may help!

[LadyThompson]

Kd, I am very sympathetic to you but would you mind awfully starting your own thread?

[kd73]

Can I please get some advice on this matter and you all seem so well informed...

I am currently on maternity leave, due to return in the New Year having taken a full year, 3 months of which is unpaid. I spoke with my manager in May and basically set out my stall of what I would like to do upon my return and we agreed we would speak again in July, which we duly did. It was agreed that I could return to role on a part time basis working either 3 or 4 days a week and I agreed 4 shorter days would be better all round and would make my position more viable. I have an email from my manager confirming this is acceptable and welcoming me back on 4th Jan. However the email does state it is subject to another managers approval but they will contact me if there is a problem.

My partner made his flexible working application in Jan and it was discussed and verbally agreed in Spring/early Summer for him to work 4 days in the office and cover the extra day either in the evening or weekends from home and to take effect 1st Sept. His employers have now retracted this (with 2 weeks notice) and basically offered to reduce his salary and for him to work a 4 day week. This will obviously reduce our household income dramatically and hacks me off no end as he currently works approx 10 hours overtime per week in the evening at home for no pay due to a high workload.

I subsequently returned to my employer to get clarity on my position and they have basically said that they can not agree anything until 6 weeks before I return to work. Obviously this makes childcare options very limiting as we simply don't know what we are doing...

Any advice on how we can proceed would be greatly appreciated...

[LadyThompson]

Thanks LadyStealth - you guessed it right, my cover is cheaper and is a friend of the boss.

Mine and DP's family are all in excess of 100 miles away.

I just feel so despondent.

[LadyStealthPolarBear]

Any chance family can help out until you can get a PT job or job share?
I'm so angry on your behalf - you've obviously wrecked their plans of you not going back (I assume your cover is cheaper too...)

[LadyThompson]

Yes, not possible to work part time.

She said not possible for me or anyone else, so don't know what's happening to the other girl. I think they just think I won't go back and that will be that, and she will do my job full time

I think I will return just for a couple of months (frankly to hack them off as they clearly don't want me to) and meanwhile, do anything to find a part time job.

I hate them. I did not want to put DD in full time nursery and they knew this over a year ago, but have only told me my job has to be full time NOW.

[LadyStealthPolarBear]

I assume you meant not possible to work PT?
Well surely the two of you could job share (which is effectively what you proposed)
Was going to say I would return FT to make sure you do still have a job and sort out the PT working from there, but it doesn't look as though that's going to be easy any more (although you do have the right to appeal).

Can I just make another case for making a fuss rather than keeping your head down? What if you want another baby sometime in the future?

[LadyThompson]

Thanks ZJ.

Well, I have had an email saying that due to planned restructuring within the company (ie the boss coming in less due to her own health and her husband's), it is not possible for me, or anyone, to work full time as they need continuity with clients. I can return full time or not at all and I have 14 days to appeal. She has finally read the legislation, it seems

[zoejeanne]

Hi LadyT, they are really taking the mick now, aren't they? Two thoughts have just popped into my head which may or may not help at all.

Firstly, don't forget that you also accrue bank holidays whilst on ML as well as normal holiday (you might be more on the ball than me, I'd forgotten and was pleasantly surprised this week), so that will give you a few extra days paid leave to use.

And secondly, have you spoken to the person who is covering your role at the moment? I assume she must also be feeling fairly messed around, not being given a date when she would finish etc. I don't know if this would help your case at all though ...

All the best

[LadyThompson]

I have done this and I got DP to read my email to check it was reasonable sounding.

So we shall see.....thanks for all responses, I appreciate it. But feel really down about the whole thing. I hate them now and nurseries are hard to get into around here so they've ruined that as well.

[flowerybeanbag]

Yes, that sounds fine. Write formally, pointing out the procedure she is required to follow, including referring her to official web references and pointing out where she hasn't followed it, which is basically about timescales at this stage as she hasn't actually refused your request yet.

[LadyThompson]

Thank you Flowery, yes - upset as I feel, I think you are utterly right about MY need to remain reasonable and I shall endeavour to do so.

Maternity Action also suggest buying time by using 'Parental Leave' - up to four weeks a year, but obviously unpaid - if agreement can't be reached. Annual leave is one thing but I would only take Parental Leave if desperate.

Leaving aside what we agreed a year ago, I formally requested Flexible Working on 4 July, setting out what I hoped was a sensible and detailed proposal. That is now nearly two months ago, and she hasn't responded (except to keep telling me she will soon!)

So...shall I just point out that she is not following the regular procedure, request four weeks leave at the end of my mat leave in a non-stroppy way to give me more time to sort out childcare and ask her to respond to my request in writing before 14 Sept as this is the date I am due back? This seems quite easy on her - as the fact is, I CAN"T organise childcare until I know what I am doing.

[flowerybeanbag]

I have heard of Maternity Action. I agree that using up holiday to try and get an agreement before coming back is preferable, but I disagree that by returning to work full time having exhausted your leave and without agreement you are jeopardising any future indirect sex discrimination claim, purely because it would be clearly demonstrable that you had no other option. Once leave has been exhausted the only other option open to you is not turning up for work altogether, or as you suggest, taking it upon yourself to work as if your proposed change has been agreed even though it hasn't. I'm sure Maternity Action wouldn't recommend that.

Please don't tell your boss you are taking annual leave, request it in the normal way, which I assume means notifying the dates you wish to take and getting her consent. I assume you don't normally just announce when you are taking leave so doing so now is likely to get her back up.

Similarly don't announce that by not confirming that she is either refusing or accepting your request you are going to take that as a 'yes' and come back on that basis. That's not how it works, and by doing that you will be giving her the opportunity to demonstrate that you aren't following a procedure either and potentially disciplining you for not turning up to work as per your existing terms and conditions.

Regardless of how unreasonable your boss might be, it's essential that you remain reasonable at all times. If you do end up making some sort of claim, you don't want to give her any mud she can throw at all.

[LadyThompson]

Flowery, there is a charity/organisation called Maternity Action: www.maternityaction.org.uk and they seem quite well respected; in their leaflet 'Child-friendly working hours' they deal with not being able to negotiate a successful outcome before you return to work (they suggest buying time by taking holiday at the end of mat leave) but if all else fails 'you should note that if you return to work on a full-time basis you may find it difficult to bring a case of indirect sex discrimination later because you have to prove why you are now disadvantaged by having to work full time because of your childcare'.

[pushmepullyou]

Sounds like a good idea. My main concern was that if they pushed you in to not going back on time then you could be seen as not having returned which might jeopardise your rights. The holiday might help to get you round this, but I would still be a bit careful as I think you will technically be a full time employee during your holiday (unless you get them to agree to part time first).

I would make it clear that you expect a response to your request by 11th September as after that time you will be back at work, albeit on leave.

[flowerybeanbag]

Where on earth did you read that? Of course returning full time wouldn't undermine your application for flexible working, particularly where the only reason for returning full time would be that your employer is being slow and obstructive about your request for part time working.

Whether it's possible for you to work full time or not is completely irrelevant. Flexible working isn't about whether an employee could work full time, that's none of anyone's business. Flexible working is about the employees desire to work part time or similar, and it's up to the employer to either agree to that request or demonstrate that they cannot accommodate it. An employer's belief that an employee could do full time is not a valid business reason for refusing a request!

[LadyThompson]

Thanks Flowery. We agreed I could work part time AND from home in July 08. On July 1 09, she said this wasn't possible after all (and she never actually thought it would be) and when I suggested part time in the office instead, she said it would be 'difficult'. So I then send a full proposal on 4 July (for me to work part time but in the office), which she is yet to respond to.

As I said to pushme, I have read that if I return to work full time it will completely undermine my application for flexible working - as I would be proving that it will be possible for me to work full time!

Point is, I can't arrange childcare for DD until I know what is happening.

[LadyThompson]

Thanks, pushmepullyou, but I have read that if I do return to work full time whilst they sort if out, this will underminee my application for flexible working.

But I think much of what you suggest is a practical way forward - I think if I don't hear anything by tomorrow, I will email and inform her that I will be taking a month's leave from 14th Sept on full pay, then in the absence of her response to my detailed proposal of 4th July, I will assume that will be acceptable to her and will be returning wk beginning 12 Oct.