work not letting me drop a shift so i can look after new baby

zombeana

All you need to say is this :

'I understand my rights under the Equality Act 2010, unless you can prove me taking that extra day off will have a negative effect on the business, you have no right to refuse my request for flexible working.'

It would help a lot if you had something in writing that they stated it wouldn't be a problem, before going on maternity leave.

If they come back with a business case stating reasons it will affect the business, you then have to ask if they've given it to any other employee and why their case didn't affect the business?

If they have given ANY other employee flexible working, and your case is far more sensitive as its directly related to sex discrimination under the above Act then I guarantee they will back down, especially if you make it explicit that you know your rights.

If in the scenario that there are no other employees on a flexible working pattern (highly unlikely) then it's a little bit trickier - but you still have the upper hand. You're female, you just returned from maternity leave and you're potentially being forced into a situation where you will no longer have a job due to your employers lack of sensitivity to you.

Regarding your question of just letting them sack you, they can't...not that easily. If you just don't turn up for work the days you look after your baby, they will have to go through a disciplinary process and if you were eventually fired, you have the right to appeal unfair dismissal on the grounds of direct sex discrimination. You'd probably win provided your employer was fully aware of your situation and offered no alternative/help.

Please don't go to your GP claiming 'stress'. There are far too many people doing this when it clearly isn't the case and it should not be a valid opt out when you can't be bothered to fight your corner yourself. The NHS is drained enough.

skintandscared_2

LunaLady wrote: »

From the Direct.gov site

If you have a job that challenges you, you should expect to feel some pressure at work. However, when that pressure is excessive and you suffer an adverse reaction to it, then it has become stress.

So its about pressure at work, not about not being able to sort out your child care.

Exactly. Some stress is entirely normal. It's what keeps us going. Show me an adult who has no stress whatsoever in their life and we will be stood in a cemetary. Stress caused by leaving arrangements to the last minute may be higher than normal, but it is not a recognised medical condition that a GP will write to an employer about. Never heard anything so ridiculous.

lovinituk

zombeana wrote: »

'I understand my rights under the Equality Act 2010, unless you can prove me taking that extra day off will have a negative effect on the business, you have no right to refuse my request for flexible working.'

Thats very easy for a business to provide the proof. No-one else to cover the shift is probably relevant in this case.

Pollycat

missdisney666 wrote: »

I cant be annoyed with family my mam dad and bfs mam and dad are the closest the rest live a bit too far away to watch him and both our mums work sunday mornings so they cant and my bfs dad works away and my dad is ill he wouldnt be up to it so its not their fault. And i only dislike a few people at work because they are pretty !!!!!y women who slag off people behind their backs so is it any wonder i dont like them?

Have you actually asked your mum or MIL if they could look after your baby on Saturday nights?

Or have you just assumed that they can't/won't?

Pollycat

Eton_Rifle wrote: »

This situation is a sad reflection of our current society.

A couple of decades ago, you would have friends and family nearby who would be happy to help and you could even come to arrangements with neighbours.

Now we've deliberately isolated ourselves from each other, we're on our own with no-one to call upon.

This is the price we pay for choosing extreme privacy. You give nothing; you get nothing back.

I'm not sure that a couple of decades ago supermarkets were open 24 hours a day for 6 days a week and for another 6 hours on Sundays as they are now.

Same with pubs - a couple of decades ago they opened at 11am or midday and closed at 10:30 or 11pm.
Now, you could be expected to work anytime from 7am in the morning until the early hourse of the morning, depending how your shifts were rota'd.

Maybe it's less that people have isolated themselves or chosen extreme privacy and more that the way we live our lives that has changed the need for child care at all hours.

paddedjohn

CornishWildFlower wrote: »

I have seen people be far ruder, she comes across as quite young.

Well she better grow up quick then cos the kid has now got a kid to look after. The Op comes across as a stroppy teenager who isn't getting her own way, maybe if she went into work and had a face to face with her boss and calmly explained the situation, something might be sorted for her or her oh.
At the end of the day it's their choice to have a kid so it's up to her to sort this mess out, tax credits could be used to pay someone to sleepover once a week.

kirstle99

Personally I would be questioning what they have been doing whilst she has been on maternity leave, given that it is quite a long period of time.

And also asking why some 'middle ground' arrangement cannot be met between that cover and her working the saturday nights.

mildred1978

CornishWildFlower wrote: »

If the OP were to walk into her GP and say that her working hours were causing her stress as she was unable to make adequate provision for her newborn child, and even hint at becoming depressed, you can bet your bottom dollar that a letter would be whizzing it's way to her HR dept. Where depression is a possibility (particularly in a new mother) an employer has a duty of care.

Just one of the many many assumptions in this thread. Do we actually know how old this child is? A 9 month old is not newborn.

CornishWildFlower

LunaLady wrote: »

From the Direct.gov site

If you have a job that challenges you, you should expect to feel some pressure at work. However, when that pressure is excessive and you suffer an adverse reaction to it, then it has become stress.

So its about pressure at work, not about not being able to sort out your child care.

You missed out where it followed on:-

What is stress?
If you have a job that challenges you, you should expect to feel some pressure at work. However, when that pressure is excessive and you suffer an adverse reaction to it, then it has become stress.
Stress is not a disease, but it can be a threat to your health and safety at work. Legally, your employer must take care of your health and safety when you are at work.
Typical causes of work-related stress include poor communication, a bad working environment and skills not matching those that are needed for the job.
Stress can also be triggered by events away from work, such as bereavement, money worries and illness.

CornishWildFlower

skintandscared wrote: »

How many times??! SHE DOES NOT HAVE WORK RELATED STRESS!!

She has the normal stress that a working mother goes through in getting childcare. Stress which would be a lot less if she'd sorted it out formally sooner.

Everyone has stress. My train was delayed this morning and I was stressed. Should I ask a GP to instruct my employer to send a cab for me every morning so my travel-to-work-related-stress is reduced?

From HSE:-

What about stress at home?
Causes of stress outside work
Do I have to do anything about stress outside work?
Work–life balance initiatives
Further support for problems outside work
Key message

A person can experience excessive pressure and demands outside work just as much as they can at work. Stress tends to build up over time because of a combination of factors that may not all be work related. Conflicting demands of work and home can cause excessive stress.

Problems outside work can affect a person's ability to perform effectively at work. Stressors at home can affect those at work and vice versa. For example, working long hours, or away from home, taking work home and having higher responsibility can all have a negative effect on a person’s home life – something which is supposed to be a 'buffer' against the stressful events of work. In the same way, domestic problems such as childcare, financial or relationship problems can negatively affect a person’s work. The person loses out – as do their family and their employer. It becomes a vicious circle.

It is difficult to control outside stressors, but you need to take a holistic approach to employee well-being. To manage work related stress effectively, you need to recognise the importance and interaction of work and home problems.

"… I think if the managers took time out generally to get to know you personally, your home life, if you've got any problems at home that might be affecting your work… [it would help] to know that they're available."
(Employee, London)

Causes of stress outside work

Many things in people's lives outside work can cause them stress, for example:

Family

Death (of a loved one)
Divorce or separation from a partner
Marriage
Pregnancy
Holidays
Changes in health of a family member or close friend
Trouble with in-laws
Family arguments
Children leaving home
Childcare
Remarriage of a family member
Caring for other dependents, such as elderly relatives
Family reunion
Relationship breakdown or having a long-distance relationship

The entire key is buried in the word 'related'.