Employer agreed to part time hours but now gone back on this

livalicious

Hi there

I am just feeling so despondent right now. I am on maternity leave, due to go back to work in June. Before I went on maternity leave last August, my boss and I discussed, on numerous occasions what I will be doing on my return to work. I said I wish to come back on a part time basis, as I would like to spend that time with my baby. He agreed to this, seemed happy with this arrangement, at least I was coming back. But nothing in writing, didn't think it was necessary at the time, more fool me. As I said, we discuss this quite a few times, with him asking how many days I would like to come back for, etc and then said we will confirm which days to work on my return. They got someone in to cover my work full time in the meantime.

This morning I received a letter from my employer stating that because of economic difficulties blah blah they cannot let me work part time, I am required to return on a full time basis. The reason Im mainly upset about this is because I absolutely hate my job, and although I discussed with my employer I would return, I had no intention to do so, I hoped I would find something else. Ive literally applied for over 15 jobs a day for the last month and only had one call back for an interview I couldn't make because it was too short notice and couldn't arrange childcare. So with a heavy heart I accept its a real possibility I wont find anything before then, which I tried to stay positive about and thought at least it will just be 3 days a week. I would just get my head down and have the other two days with my baby. But now this.

My question is, is my employer able to do this. I read this letter with a sinking heart because I have a feeling that there is nothing I can do about this, they are within their rights to change terms of my employment as nothing was put in writing. But I just thought I will ask just to be sure, just to make sure I tried everything

Janey7

Hiya, sorry but in my (admittedly non-legal expert) opinion I don't think you will be likely to win on this given you have got no written proof that an agreement was come to.

To summarise your rights:
* You have no automatic right to return to work part time after maternity leave.
* You have the right to ask for flexible/part-time working and this request must be considered seriously by your employer (else it could be considered as discrimination and legally challenged).

However, by saying they can't have you work part-time for economic reasons, it seems to me like this would be considered an acceptable reason to make you work full-time. Perhaps speak with your union rep (if you have one) or the Citizens' Advice though if you think they are being unreasonable?

But ... as a possible compromise (at least for the short-term until you hopefully get a new and better job), is your job such that you could put in a request to work from home for one or two days per week?

cannyscot_2

Did you actually put in a writtne request for p/t. Under the flexible working regulations the employer has to explain why it will cost him more . So if you put in a wriiiten request he would have to specifically tell you the extra costs and you can the legitimately request a meeting to discuss and where possible meet the objections with solutions.

I had a flexi working arrangement turned down when I asked but I applied in writing I provided reasosn it would help the business and met any objections I thought might come up it made it difficult for them to object.

If you know why they believe it cost more etc that will help.

PS Just remembered -another mum in your position I know found a person to job share with and presented the solution to her employers -this was difficult to object to as it would not cost them anymore.

livalicious

I didn't think I had much of a leg to stand on, was just desperately clutching at straws. Just needed to do something with my annoyance.

I can understand that companies cannot always be flexible with working hours, but my employer was happy to let me believe it was all agreed before I left. He knew all along that he would drop this bombshell a month before Im due back, which would not give me much time to find another job. I found out after I went on maternity that the person who took over from me was told after she started that her contract was only for 9 months, which is when I was due back. So obviously if she left, I would have to do full time, whereas I was led to believe it would be a job share.

Im just angry that once again my boss has done me in again and I have to go back with my tail between my legs. But lets not be defeatist, I got a month left, lets make it count. Rant over

whitewing

Maybe the maternity cover decided not to do a job share after all.

Maybe your boss actually did spend some time considering how to do a part time job for you.

Maybe your boss realised that you were applying for other jobs anyway so may have felt you were stuck with each other until you actually handed in your notice.

Perhaps the economic reasons were valid - if you worked three days, maybe no one would want a job for two days a week (especially if they were a Monday and a Friday if you wanted to work middle days).

livalicious

cannyscot wrote: »

Did you actually put in a writtne request for p/t. Under the flexible working regulations the employer has to explain why it will cost him more . So if you put in a wriiiten request he would have to specifically tell you the extra costs and you can the legitimately request a meeting to discuss and where possible meet the objections with solutions.

I had a flexi working arrangement turned down when I asked but I applied in writing I provided reasosn it would help the business and met any objections I thought might come up it made it difficult for them to object.

If you know why they believe it cost more etc that will help.

PS Just remembered -another mum in your position I know found a person to job share with and presented the solution to her employers -this was difficult to object to as it would not cost them anymore.

Wow really? You not called cannyscot for nothing. I really would like to take my employer on again, but I know it would be futile, one of the directors is like a dog with a bone and will not rest until that sucker is gnawed to death. We have a high employee turnover for precisely this reason, everyone who has ever worked there left under a cloud. Glad its worked out for you though!

livalicious

whitewing wrote: »

Maybe the maternity cover decided not to do a job share after all.

Maybe your boss actually did spend some time considering how to do a part time job for you.

Maybe your boss realised that you were applying for other jobs anyway so may have felt you were stuck with each other until you actually handed in your notice.

Perhaps the economic reasons were valid - if you worked three days, maybe no one would want a job for two days a week (especially if they were a Monday and a Friday if you wanted to work middle days).

Yes, a lot of maybe's, and maybe they all valid, maybe not. I can only go with my experience with this employer for the last 7 years, and I know how they operate, its never for the benefit of the employee. It was supposed to be a job share in terms of they stay on full time and I just came in part time. The work I did used to be done by 3 people who eventually left as they had enough so I have been doing a high volume of work for years and there was talk someone else would be hired to assist. Hence why I thought it was all a-ok before I left but my employer probably realised I can just slot back in and do all the work full time and there would be no need to pay an extra wage.

Takeaway_Addict

livalicious wrote: »

Yes, a lot of maybe's, and maybe they all valid, maybe not. I can only go with my experience with this employer for the last 7 years, and I know how they operate, its never for the benefit of the employee. It was supposed to be a job share in terms of they stay on full time and I just came in part time. The work I did used to be done by 3 people who eventually left as they had enough so I have been doing a high volume of work for years and there was talk someone else would be hired to assist. Hence why I thought it was all a-ok before I left but my employer probably realised I can just slot back in and do all the work full time and there would be no need to pay an extra wage.

If your employer really was this 'bad' then you wouldn't have stayed 7 years.

And you say you could have been looking for a job but in the first post you state you've been applying for 15 a day?

Takeaway_Addict

livalicious wrote: »

Yes, a lot of maybe's, and maybe they all valid, maybe not. I can only go with my experience with this employer for the last 7 years, and I know how they operate, its never for the benefit of the employee. It was supposed to be a job share in terms of they stay on full time and I just came in part time. The work I did used to be done by 3 people who eventually left as they had enough so I have been doing a high volume of work for years and there was talk someone else would be hired to assist. Hence why I thought it was all a-ok before I left but my employer probably realised I can just slot back in and do all the work full time and there would be no need to pay an extra wage.

At the end of the day if they are coping with someone doing the job full time why would they add on extra costs?

FBaby

I'm wondering if maybe they know you don't like your job and suspecting you are looking for something else. They like the new girl, would like to keep her and think that if they turned down your request, there's a good chance you will give your resignation, hence costing them little and able to keep the other girl full-time. Sorry, I do have a tendency for cynicism.

mountainofdebt

cannyscot wrote: »

Did you actually put in a writtne request for p/t. Under the flexible working regulations the employer has to explain why it will cost him more

Do they have to I thought it was a case of the business saying yes or no not having to justify their decision to an employee