Ive had my employment terminated after requesting a change in shift??

bkdizzy

yes I am contracted as a permanent member of staff xx

ladybirdintheuk

If you put a request to go part time they have to give it serious consideration, and they can only refuse it for certain reasons (so they can't just say it isn't company policy to let anyone work part time, but they could say that you have to be there all day to answer the phone, or something like that... but they would have to show that they have no alternative - ie for my example that no-one else in the whole place could answer the phone if you weren't there. And if they were to say no then afaik with the current flexible working type laws, if you ask to change your hours for this kind of reason they can't sack you for asking.

bkdizzy

They are now only paying me the basic sick pay of £73 which I can not afford to live on, I really want to work but just not 40 hours per week. Some shifts fall 6am starts and my daughters nursery doesnt open until 7.30am also an evening shift finishes at 8.30pm and again the nursery closes at 6.30pm. My daughter is from my previous marriage and her dad has relocated to another city meaning that any daycare help I had before now is not possible. I understand they can reject my request and as I have never not worked before I don't know how the system works in regards to benefits??or me finding other employment if I am pregnant??xxx

blue_monkey_2

But you will not be entitled to any benefits unless it is Tax Credits, I am not sure what other benefit you think there is. You already said your husband was on a good wage. It does not matter whether your daighter is from your previous marriage, your husband should be helping with her daycare if it is required.

Here is the gumpf on flexible working: http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029491 However, they do NOT have to give you flexible working hours and you are welcome to apply for any job while pregnant, if you cannot get Maternity Pay from the company then you'll be able to get SMP if you have paid enough NI.

They have not actually told you that you cannot work the hours so why not ask before you assume they are going to say no. What councillor has said they will probably not give you part time hours? A work councillor?

Why do you not look around and see if you can find a childminder instead of a nursery? There are some that will work the extended hours you mention. Is hyour husband not around during those hours either?

Loopy_Girl

What about your current partner's income?

bkdizzy

my partner is on wages around £25k, and I am on the same so will be a huge drop in income if I dont work. My occupational therapist was the person who thinks they will not change my working hours. I understand that for business needs they do not have to offer me this change, but mentioned if they excuse me from the business I can claim some benefits straight away but if I leave which is what I ideally want to do as the commute is over an hour a day also I am unable to claim for anything for 8 weeks. My partner works from 7am-7pm mon to fri so this is issue also.

blue_monkey_2

My husband is on less than that and I cannot claim anything other than child tax credits and we have 2 children already.

Have you thought how you will manage when you leave work if you are struggling now on SSP?

No, they do not have to offer you the change in hours, they should consider it but they do not have to offer it. The could also offer you flexible hours but that would still be 40 hours and you are saying you do not want that many hours either.

What will you do if they refuse flexible/part time and expect you to carry on the 40 hours? In all fairness, no company is going to be silly enough to sack you, they will just carry on paying you SSP - which you are saying you cannot live on. Are you trying to get them terminate your contract/sack you so you do not have to leave yourself? And then hope you can get benefits?

I am not sure what it is you are asking as either way, you'll not be entitled to anything except jobseekers allowance if you are looking for work - and that will be less than the SSP you are getting now.

Do you want them to get rid of you?

bkdizzy

I basically need them to get rid of me in order for me to either look for another job or claim job seekers allowance. Its just the amount of outgoings I have that are the problem I need enough to cover these, but also feel really bad that my daughter would be attending nursery 55 hours a week in order for me to keep this income and as me and her dad split up and now he isnt around feel guilty that she will virtually have a part time mum and dad. I just want more of a balance maybe work 25-30 hours per week instead of 45 including commuting time that I am currently doing. The reason I am of work is a lot to do with the stress of the job and the fact that I see my daughter for 2 hours a day monday to friday.xx

blue_monkey_2

OK, so you are saying you WANT them to terminate your contract? You do know that this is not going to happen don't you? You could then sue them because they cannot sack you when you are either pregnant or sick and there is no way they would risk that, especially when you are off on SSP - they claim that out of their PAYE bill each month so they are not losing anything really.

So you either go in part-time and risk getting the sack, carry on on SSP, work full time as contracted to do or leave of your own accord. They could make you redundant, but that is unlikely too.

I do undertand what you mean about being stressed but it's not going to do you any favours at all if you get yourself sacked as you'll get nothing for 26 weeks then, not even JSA as you have intentionally put yourself out of a job.

Why don't you go over to the Debt Free board and post a Statement of monthly outgoings and see if anyone can help you cut down on your monthly outgoings - because if you cannot cope now then you are not going to be able to cope in 6 months time when the new baby arrives. And if you leave your job you'll not have anything to go back to and will have 4 mouths to feed, not 3.

You need to think exactly about what it is you want, ask for part time hours because you have lost your childcare and see what they say, if they say now then it is time for a rethink on where you move forward from here. I think your only option is a nanny tbh.

And at the risk of being harsh, this happens when you have children and you have to work. Most parents are in the same boat as you but they all cannot go off stressed - if you cannot cope with your job then it's time to speak to your boss/HR and ask him to lighten your load, or, as you are off sick - look for something else in the meantime - they have probably coped so far without you being there so it neverhurts to ask but then you are not going to be earning 25k if you are cutting your working hours down. How much are you paying in Nursery Fees from your wage - once you have paid that and commuting out of your wage, how much is left? Does your partner work hours that would enable you to get work in the evenings?

G51shopaholic

You could ask your employer for a job share.

Are there not regulations covering parents working hours in connection with childcare facilities?