Trying to return to work after AML....

Joannmaximus

Hi, any advice on my current position would be extremely helpful.

I have taken my full entitlement of maternity leave and was due to return to my job as an Outdoor Activity Instructor on the 24th of June.

This has not been possible for the following reasons:

Provided during my employment before my maternity leave started i received a basic amount of pay, plus free accommodation and all bills paid.
On notifying my manager of my pregnancy things were made very hard for me and in the end had to get a doctors note to say that it was inappropriate for me to be working from 1.30 pm through untill 8.30 am...

I asked numerous times to several different senior staff members about what would happen to me during my maternity leave and returning to work in terms of my accommodation, with no answer.

I was told to vacate my room when my maternity leave started, which fitted in with my plan of having my baby at my mums and then seeing what would happen after that. My baby was born with a life threatening heart defect which was thankfully corrected with open heart surgery at 6 days old, which has resulted in me being treated for post traumatic stress disorder. Which is why i have only started fighting this in the past few months.

Nothing was said, sent or communicated in any way, despite the promise of my manager to let me know what was going to happen. I have not been invited to staff team days or any keeping in touch days. In February i sent my manager a letter asking whether they were going to provide me with on-site accommodation or increase my salary to reflect the change in circumstances-no longer being provided on-site accom.

The response that came back was "i cant do much" and "i hope you find some other way to return to work". This is when i lodged a grievance with my employer and it was heard by the manager who had replied to my initial letter! He came back to me and said that they didn't want to set a precedent by letting me have my son live with me, because they are worried all other staff would be able to move their family members with them. Also, it was said that accommodation is offered on a single occupancy basis, although in my contract it states "Accommodation is provided to enable you to fulfil your duties and it is only provided during your employment at ******** and does not constitute a tenancy.” Nowhere in the staff handbook or anywhere else refers to staff accomm.

At this point i called ACAS, and they said to appeal, so i did. In my appeal i said that i was the subject of sex discrimination...now i think i should have said indirect sex discrimination. Also that i was at a disadvantage simply because i was a mother and i asked for a workable solution to the matter.

The appeal was heard by the "head of people". She did not find that i was subject to any kind of discrimination. She also stated that it was an express term of contract that accomm is provided in a single occupancy way. She said that i still have access to the same room and that i could return to work without my son! They said they recognised their position left me in exceptional circumstances, so they would be prepared to offer £2000 for me to relocate and in return i would give up my room on-site.

I attended an informal meeting with this manager, and she seemed to think that i was "money hungry" because i pointed out the average rent for a studio flat in the area which we operate is £750 pcm and my wages are £850, and asked exactly what the £2000 would be for.

The meeting ended with me saying that they had left me in the position of having nowhere else to go except to an employment tribunal. She said that she would prefer to go through the ACAS conciliation service before it got to that.

Yesterday a lady from ACAS contacted me and said that she was not sure that because i had not resigned and claimed constructive dismissal and because i had not been dismissed, whether she would have the legal requirements to make an agreement between us.

So now I really don't know what to do! ACAS will contact me on Monday morning but i would really appreciate any advice or suggestions to prepare me for the next battle

Googlewhacker

What do you actually want?

I'm guessing the 2k is for relocation costs but the cost of getting a flat etc is upto you. If it does say that the onsite living accomidation is for single people only then I can't see much cause for complain on that regard and if they have set a precedent of only allowing single people then it backs up their side.

Do you know what someone gets paid that does not live on site?

They only have to offer you the job that you left, nothing more or less (and that may only be after SMP, not sure on AMP)

Joannmaximus

I have wanted to be able to return to work and be able to afford to live. Effectively i feel i have been made homeless, and separated from my partner who is a supervisor at my work. He has handed in his resignation in this week as it is all getting too much and living 2 hours away from us has taken its toll.

It doesn't say anywhere that accomm is single occupancy only. There was a case of a previous instructor moving his girlfriend in for 6 months and they only left when he handed in his resignation. We are not allowed to live offsite, because of our responsibilities for being on call overnight, but they are saying they will make an exception. Is it relevant male managers live onsite with their familys? I was told it does, but in the appeal it was said that they do not consider it appropriate for me to compare myself to a managers position?

Is it the same job if i cant return to it? is it reasonable for them to require me to give away my son to adhere to the requirements that it has taken them 18 months to tell me about with no evidence of?

I think its time to think about what can possible come from this. Not entirely sure what my options are.

Thanks for your reply, i should have come on here way earlier than this

Googlewhacker

Joannmaximus wrote: »

I have wanted to be able to return to work and be able to afford to live. Effectively i feel i have been made homeless, and separated from my partner who is a supervisor at my work. He has handed in his resignation in this week as it is all getting too much and living 2 hours away from us has taken its toll.

It doesn't say anywhere that accomm is single occupancy only. There was a case of a previous instructor moving his girlfriend in for 6 months and they only left when he handed in his resignation.

I think its time to think about what can possible come from this. Not entirely sure what my options are.

It is good to think and it is good that there is precedance that they have allowed other members of a family to live in their accomidation (presuming they knew!) because they could have probably used custom and practise as their excuse for it not being in writing.

Wait to see what ACAS say, if you do know the wage of someone living off site then that would be your bartering point I would guess.

Joannmaximus

Googlewhacker wrote: »

It is good to think and it is good that there is precedance that they have allowed other members of a family to live in their accomidation (presuming they knew!) because they could have probably used custom and practise as their excuse for it not being in writing.

Wait to see what ACAS say, if you do know the wage of someone living off site then that would be your bartering point I would guess.

That all makes sense. I altered my post after re-reading it. If there is anything to be added i'd appreciate you opinion.

Not sure whether i want to negotiate on the terms of my returning to work, when really i feel so let down and hurt by their conduct that i feel painc at the thought. Will talk to ACAS.

Googlewhacker

Don't take my opinion as being correct as I'm not an employment solicitor (I just find it interesting and informative).

Other people, more experienced people will be on and give you their view as well but even then don't count on it, talk to ACAS and if you can an employment solicitor.

Don't stress over it though until you hear from ACAS, what will be will be

Googlewhacker

Joannmaximus wrote: »

Not sure whether i want to negotiate on the terms of my returning to work, when really i feel so let down and hurt by their conduct that i feel painc at the thought. Will talk to ACAS.

If you don't want to return then read up on compromised agreements tomorrow

SarEl

Googlewhacker wrote: »

If you don't want to return then read up on compromised agreements tomorrow

That would be "compromise agreements" - no "d"!

But I am afraid that I think this is the only possible outcome, and that the employer appears to be indicating that they will be likely to enter into one rather than take on the possible costs of a tribunal. A tribunal which, on the face of it, I do not think you have a strong case for. The employer is entitled to put whatever terms they wish on tied accommodation which comes with the job, and they are not obliged to accommodate family or friends too - custom and practice does not apply in these circumstances, because it is their property. Nor are they obliged to pay any more if you are unable to live in their accommodation - anything that they offer in addition is discretionary. And they certainly cannot be held accountable for the rent levels in an area. This may seem harsh, and I am not wishing to be, but your personal circumstances are not the employers problem (in law), and if you cannot return to your job because you cannot live in the tied accommodation, and you cannot afford to live elsewhere, then this is a frustration of contract - in other words, for reasons outside your control and theirs, you cannot return to the employment.

If you can obtain one, it would be worth getting a legal opinion, because it is very hard to give accurate legal advice on a complex case without any sight of the documentation etc - but based on what you have said here I doubt that a case of sex discrimination has much merit.

SarEl

PS - On re-reading the OP, this is typical of ACAS. If the employer asks them to mediate they can (although they would have to pay for this). Alternatively the employer can ask someone else to mediate. If you resign or are dismissed ACAS attempt to achieve a settlement before tribunal - that is an automatic service. I suspect you have been speaking to one of the call centre staff - their advice is often poor. But they should have told you that to get an ACAS mediation, the employer has to ask for it - unless you are in a union in which case they can.

Joannmaximus

SarEl wrote: »

PS - On re-reading the OP, this is typical of ACAS. If the employer asks them to mediate they can (although they would have to pay for this). Alternatively the employer can ask someone else to mediate. If you resign or are dismissed ACAS attempt to achieve a settlement before tribunal - that is an automatic service. I suspect you have been speaking to one of the call centre staff - their advice is often poor. But they should have told you that to get an ACAS mediation, the employer has to ask for it - unless you are in a union in which case they can.

After the last meeting with work, my employers suggested that they contact ACAS and we use their conciliation service. The lady from ACAS said that she would ring me tomorrow so i will just have to wait and see what she has got to say. I did not know that they had to pay for this service.

Thanks for your input. I would be very happy with a compromise agreement as this has been ongoing for so long that it will be a relief when its all over.