Company refusing to accept me back FT

skyvicky123

Hi all - looking for some advice please. I am in a difficult and complex predicament at work so will try and explain it as best as possible.

Work for a small Company part of a larger group. Used to work FT but came back from mat leave at 3 days per week. This was about 2 years ago. My boss is my OH but it is not his Company.

Due to a change in childcare situation which coincided with the resignation of another sales person we decided the time was right for me to return FT from July. I felt that I was really helping the Company out of a hole and conveniently it felt like the right time for me too.

Discussed this with OH (my boss) he emailed the FD about this as well as some other points. FD responded saying he could not see any problems. On this basis I have booked a FT place at nursery for DD.

Now the MD has been in and spoken to OH (my boss) He says he does not want me back FT. Thinks they could manage without me (they couldn't) and suggests they find somebody else PT to do the 2 days and do marketing work. (I am in sales but have also performed the marketing role for this Company)

He stated to OH (my boss) that he didn't think it was fair on me "too much on my plate with a DD to look after etc" (who is he to decide that for me??) and would mean that OH could not work late etc (we share a lift when poss but I am always happy to take my car if necessary)

OH clearly says they could not manage without me back FT. I am competent, hitting targets, most experienced sales person in the business.

MD does not have kids, has stated verbally before that he will avoid employing women of child bearing age that he has generally made it clear at various points that he believes women should be at home with the kids.

I am in a specialist IT field. If I worked elsewhere it would put me in competition with my OH. We both earn a good wage but he gets considerably more than me and I cannot afford to risk his job. Equally we need for me to be working FT.

I feel that MD wants me out. I believe he thinks I am after coming back full time so i can get up the duff again and claim full SMP. This could not be further from the truth and we are not planning other kids.

As it is now I happily take calls and respond to emails to help out on my days off and generally make myself as flexible as possible to help out but feel that after 7 years this all my commitment and hard work been thrown back in my face.

The only employment contract in existence is for 5 days. It was never signed.

Please help me work out what my next step should be. I am so upset about this.

Googlewhacker

From the basis you have said the MD doesn't have to allow you back full time as you accepted a change in the contract to go to 3 days a week.

He has explained why he feels that you are not required back full time in that he feels another part timer doing marketing would be better overall (and presumably make the company 3 days better of per week in wages).

You are obviously angling for the sexual discrimination side of things but he has the business reasons to not allow it.

skyvicky123

Hi thanks for the reply.

I have also performed the marketing role for the Company and my competency in this area was never questioned. I would be more than capable in performing this role for the business for the other 2 days if that is what he feels would be best.

After 7 years service, working long hours with an incredible amount of flexibility on my part. I have accepted many changes to my job role, done 100's of extra hours in my own time, worked while on maternity leave to help them out I feel i have gone from his most valued employee to a dead weight just because I have a child now.

Incidentally, even with 1 bout of chicken pox I have only had 1 day off to look after my daughter (which I used my holiday allowance for) Thankfully my daughter is very healthy but I have setup many back-ups to ensure i don't let the business down.

I always planned on returning to work FT. They were aware of this. My career is very important to me and I feel that my progress is now being blocked because I might be a liability in the future.

I know I am just sounding off and none of this is relevant. I do appreciate your response that i have no case and I can see that you are probably right I think I am just in disbelief that they would do this to me and I regret the flexibility I gave them hoping I would get the same in return from them.

Googlewhacker

its always best to get professional advice just to check but my own view is even if they are discriminating you on sexual grounds quantifying it is the hard part.

P.s Maybe become less helpful to the company?

skyvicky123

It's hard though as it's only me that suffers if a sales lead is badly handled or not handled at all in my absence. My figures will reflect this which will only give the MD more of a concrete reason to get rid of me.

Their normal process for clearing someone out is to "KPI them out" I.e. set high targets and follow the disciplinary process when they are not met. MD knows this would not work with me as I have always hit my targets and I am clearly performing better than the other sales person (she is good, just without the industry experience yet)

My target as it stands is quite a bit higher than our other FT sales person. I did work in a sort of partnership with a trainee who worked FT (on a low salary). On my days off she could at least handle the admin and call me for advice on the more complex stuff. But she is the one who has left. They will not be replacing her which leaves me with a hefty target to hit in just 3 days. I suspect the Company's next move will be to combine targets so my and the other FT sales person will need to hit the target jointly.

Googlewhacker

then look for another company, I know you said you would be in competition with your OH but if the company wants rid of you then surely they should expect this?

skyvicky123

I think this is my only option. I may have an opportunity with one of our suppliers. They have offered me both FT and PT positions before. Going back about 5 years I did hand my notice in and accepted a job there. However...

MD stepped in 2 weeks into my notice period. OH was currently in a waiting role for the top job (General Manager) and although this Company is not a direct competitor he made it clear it would make things "awkward" for OH. MD threatened that if I went our Company would not feel able to continue to place orders with the other Company. We are big customer of theirs so this made it impossible. He said that they were a competitor (they aren't directly). They are a manufacturer and my Company re-sells their product. At the time he offered me more money and I took this with good grace not wanting to rock the boat for OH at a critical time in his career.

Obviously he knows I know our customer base so this is a risk anywhere I go for him but can he really threaten to / use this against my OH if I were to go?

If I even broached the subject of whether he would make things difficult for me to go I am yet again giving him more ammunition against me. The other Company are aware of the threat MD made regarding taking away our orders so wouldn't want to take me unless they knew that MD has given the "okay"

Please bear in mind that I work in a "niche" industry. We describe the industry as very incestuous and everybody knows everybody. MD knows and has visited the other Company and knows the owner. In fact he knows the owners of most of the businesses in the industry!

CFC

You chose to reduce your hours and the company agreed to let you do so. That became your new contract. You want to increase them again, the company does not have to agree to this.

I understand that you feel let down because you have worked hard, however that's your problem and not the company's problem, so to speak. If you wanted lesser hours purely for a year, you should have asked at the point that you asked for reduced hours, so that it was only a temporary agreed variance. Again, they may have been aware that you wanted to return to full time work at some point in the future, but that doesn't necessarily mean that they have to agree that it should be with them.

The key lesson here is to treat your employer as a business, regardless of the fact that your OH is your manager, because the business will not treat you as anything other than an employee.

Savvy_Sue

Apply for the 2 days pw role when it's advertised!

skyvicky123

Oh I definitely will!

I know I have little room for manouvre but really felt the need to vent and lay out my argument. I appreciate everybody's advice and responses.

floss2

Bear in mind that you may find yourself bound by a restrictive clause in your contract if you go to a rival firm....