Returning to work from Maternity leave and major issues advice needed!!

SarEl

To be fair, the OP says they have been told that their job no longer exists. But the crux comes if the OP says "OK - but I haven't been made redundant so where is my suitable alternative vacancy because I am returning to that?" If no such post exists then the employer quite certainly has broken the law. That is why the request to return on reduced hours is complicating matters. The employer can argue that a suitable alternative full-time post exists, but that there are legitmate reasons for why the flexible hours request do not fit with this position. That's why the detail of what has happened should ideally be tested by a lawyer - inevitably we cannot have all the details we need. But you are correct otherwise - although women on maternity leave have some protections, they are not absolute and, in fact, the principle that a job should be kept for a woman on maternity leave as an absolute has been challenged in law by a man as sex discrimination - and he won.

Britneys_Firefly

Hi,

To enable someone to help me what information is needed? Then I can provide more in depth info

I'm getting work harassing me for an answer (I said I would go away and think about a golden handshake) and I really don't want to make the wrong choice for me and my son

Basic details are:
I worked full time (35 hours) for over 3 years
My job was box office assistant, being only one of two ful time members of staff, at the time I left for maternity there was also around 3/4 other team members employed on a casual basis with hours to suit business needs

On going to my meeting I have discovered
My job doesn't exist no more as my hours have been given to two members of the team, making one member practically full time and the other part time (he has another job in the theatre so two jobs in two departments)
With the two new full time staff, two part time and one casual remaining my boss told me he has got all the cover he needs, and even if my flexianle working request was better than that handed to them there just isn't the need for me no more

He did ask if I'd like to work elsewhere in the theatre and I said yes, I suggested home working with coming into the building as well but the idea was rubbished, this is when he kept asking about my opinion on a golden handshake deal of around a months wage.

I need to know most importantly if I'm entitled to this possible pay out PLUS accrued hoilday pay?

Thanking everyone so far in advance!

KiKi

Britneys_Firefly wrote: »

Hi,

To enable someone to help me what information is needed? Then I can provide more in depth info

We need to know: if you *weren't* asking for flexible working (ie, at home, reduced hours) but agreed to go back full time, in the workplace, is there a suitable job for you with those hours at the same pay, terms and conditions?

If there isn't - if there is no suitable job for you on full time hours with the same terms and conditions - then it would appear he has broken the law. And no doubt those who are very in the know on this will say "don't take the pay out - take him to ET for discrimination".

The fact that you want flexible working muddies the waters around the situation, so we need to know if there is a full time job for you, should you want it.

But yes, if you leave regardless, you will get accrued holiday pay.

KiKi

Googlewhacker

Considering that the OP's starting date again probably hasn't arrived yet then surely the employer hasn't broken the law yet?

The figure for the compromise agreement needs to be one that you are happy with but bear in mind that if you have told them you want flexible working then they could play hardball and say no, your original job is here to come back to and no we cannot accomodate flexible working for whatever reason knowing that it puts you in a hard place where chances are you will have to resign and cost them little money

SarEl

KiKi wrote: »

We need to know: if you *weren't* asking for flexible working (ie, at home, reduced hours) but agreed to go back full time, in the workplace, is there a suitable job for you with those hours at the same pay, terms and conditions?

If there isn't - if there is no suitable job for you on full time hours with the same terms and conditions - then it would appear he has broken the law. And no doubt those who are very in the know on this will say "don't take the pay out - take him to ET for discrimination".

The fact that you want flexible working muddies the waters around the situation, so we need to know if there is a full time job for you, should you want it.

But yes, if you leave regardless, you will get accrued holiday pay.

KiKi

I agree. My response would be thank you for your offer but I have decided to return to my job, as is my legal right. In other words call his bluff. But that only works if you are prepared to work full-time if you are given your job back. I would then wait a couple of months, and then put in a formal request for flexible working in line with the law - which appears to be something you haven't done because this seems to have been all done informally in a discussion. That would then force their hand to justify why flexible working isn't possible - I fail to see why an employer who employs part-time and casual workers on a regular basis cannot make such arrangements. It also separates the two issues, making it harder for the employer.

If you cannot do that then I would reiterate that I think you should take some legal advice before you decide anything - and I might be tempted to tell the employer that you will be giving them an answer when you have done so. It is possible that you may have a case anyway - but the problem is that lawyers need face to face contact to elicit details that we simply can't get the full flavour of on a site like this. The best you can get here is pointers.

getmore4less

If you leave you want as a minimum the equivilent of a standard redundancy payout

All accrued holiday
PILON
ex gratia payment , statutory redundancy would be 1 week per year capped at £400.

As has been said you could drop the flexable request to test the water for them finding a job and realising they have obligations.

The risk is they find something full time and you don't want to do it.

KiKi

You could ask them about a full time role. And I mean 'ask' - not agree to it. So pose a hypothetical question: "if I did come back full time do you have a job for me? I need to know before I make a decision about your pay off offer". If they say no, then you can go to ET. If they say yes, then say "I'd rather have the flexible hours, and as you can't give them, I'll take the offer you made, thanks."

That way at least you'll get something for your trouble.

KiKi

Britneys_Firefly

getmore4less wrote: »

If you leave you want as a minimum the equivilent of a standard redundancy payout

All accrued holiday
PILON
ex gratia payment , statutory redundancy would be 1 week per year capped at £400.

As has been said you could drop the flexable request to test the water for them finding a job and realising they have obligations.

The risk is they find something full time and you don't want to do it.

Hi thanks for this, could someone explain this to me abit more? As a lot of these words don't make sense lol

ohreally

What outcome do you want - a negotiated sum or a return to work on a full-time basis to start?

Britneys_Firefly

ohreally wrote: »

What outcome do you want - a negotiated sum or a return to work on a full-time basis to start?

Under no circumstances can I return to work full time. I'm a single parent, with little to none family support
In my little dream world I would love to return to work on an 8 hour ow contract for the next 12 months, to hopefully increase to 15 hours pw once my little boy can get funded nursery placement
In stark reality a payout is looking the only option for me