Changing terms and conditions while on maternity leave

mrsg389

I am currently on additional maternity leave and have received notice today that my employer is altering their terms and conditions of employment. For staff at my level this will include abolishing flexi-time, which I consider to be one of the main benefits of my current role. It is my understanding that I am entitled to return to the same or a similiar job on the same terms and conditions.

Could anyone give me advice on the legality of what my company is doing and suggestions on how to take the matter forwards.

TIA

Alleycat

Hi,

Not sure of the legal implications myself, but I would suggest having a look at the Maternity Alliance website. It is full of useful information regarding new mothers return to work. Also, get in touch with your Union Rep if you have one. Do you keep in contact with any of your other colleagues? Have they consulted with staff etc about the change?

With regard to returning to the same terms and conditions, I guess that would be if they were wanting to alter things just for you (to make you uncomfortable etc) but not sure where you would stand if its a company wide decision. At the end of the day, in most companies, flexi is seen as a perk and not a right, but thinking about it, I am sure I read or heard somewhere that there should be flexible working practices for mothers.

I really feel for you as I have been back at work now part time since July when Kitten was 6 months, and although don't rely on flexi, definately find it useful if I can't get in bang on 8.30 etc.

Hope you get it sorted!

Alley

mrsg389

Alley

This has been sprung on the staff this week, am doubly miffed as they held a meeting regarding the matter and didn't invite me to it. However by all accounts not a lot of info was given.

Thanks for you reply, will have a look at the maternity alliance website.

Cathy

hex2

How many people affected?
Are more females affected than males?
You have a right to go back to the same job and conditions at six months, comparable job and conditions at 12 months.

They have a duty to consult with you individually - a letter does not constitute consultation.
If they are doing this just to you then it is pretty clean cut unfair. If they are doing it to everyone then is an argument for indirect sex discrimination.
First step in any case is to ask for a copy of the company grievance procedure and write a formal complaint about what has happened and the way it has been communicated. Then write a letter refusing these unreasonable and discriminatory changes to your terms and conditions - if you do not then they can assume you have accepted. They can then try and give you contractual notice to enforce the changes. One way to do this fairly safely is for them to sack and re-employ you on the new contract - but to do this they have to meet with you. Never hurts to show them that you know what your rights are. Phonecall to/from the equal opportunities comission often scares employees silly.

I am HR Manager and as a rule of thumb I never ever mess around someone who is pregnant or on maternity leave - never worth the risks involved.

Lady_E

Mrsg389, similar sort of thing happened to me when I was on maternity leave for DS2. Couple of things to remember . A) they have to accomodate you if you are breast feeding upon your return to work, B)YOU have to be consulted if you on maternity leave , if there are changes or proposed changes to your work . A letter does NOT suffice as consultation . I was very lucky as my line manager ,the best boss I have ever had by the way, mananged to persuade the senior managers that this was not acceptable. I also had my Union rep waiting in the wings , just in case she was not successful . Best of luck to you , remember you have the most important job in the world (being a mummy) and that your priorities have changed , so dont stress . x

ALI1973

I had a similar prob when I had dd2, my company had a major restructure and as a result I was downgraded in my absence, I only found out bcoz DH also works for the company andmy name wasnt published in the new Management "Family Tree".

It is against the Equal Opportunities Commission Law (they have a website) to alter any terms of a Maternity Leaves contract without consultation and agreement. You are entitled to return to your role with the same terms providing that you do not wish to alter your part of your contract.

Unfortuately for me, although my grade was reinstated I needed to alter my hours to fit in with two babes, so it was "suggested" that when I asked to do this I would only be offered a lower graded position. As dd2 was only 8 wks old at this point I chose to fight it out a bit, the result for me Im afraid was 2 years of PNI, and me resigning my position. (I regret this now, but not having time with my beautiful girls).

I think it is appalling that companies are allowed to do this to ANYONE, especially at a time when we are so very vunerable. So please take care and get as much support from anywhere you can to get a result which you are happy with.

Best wishes
Love Ali