Work problem

AmyA80

Hi there. I'm just wondering if anyone can offer some advice on my current situation. Please accept my apologies for the vague subject of this post!

There are (usually) three of us in my team at work. I'm part-time and my two colleagues (we'll call them Emma and Sarah) are/were full-time. However, Emma went on maternity leave at the end of April and Sarah has been signed off sick for the past three weeks. I don't know the details of her illness but I've been advised by my line manager not to expect her back in the foreseeable future (if she even comes back at all). I have no idea what's going on there as it was all very sudden and I don't want to pry too much! I believe our HR department were looking for someone to temporarily replace Emma but it seems the search has come to a halt for reasons unknown to me.

When Sarah was first signed off, I was told by my manager that the company could no longer accommodate my part-time hours and I would have to revert back to full-time to ensure we don't fall too far behind with the workload. At the time, they told me it would just be for two weeks (as they were then expecting Sarah to come back) so I agreed. I was provided with a letter from HR outlining what was happening and for how long etc.

However, at the end of the two weeks, Sarah obviously didn't return. I was, therefore, told that the current arrangement of full-time hours would have to continue. I was not provided with anything in writing from HR this time.

The workload is extremely busy and hectic at the moment (I'm actually struggling to keep up with it) but I just can't continue with these full-time hours on a long-term basis. I have a two year old daughter to look after and I'm currently six months into a pregnancy that has, so far, been quite difficult. We were supposed to be going on holiday next month for a bit of relaxation before the baby arrives but my line manager has cancelled my annual leave and we have now lost quite a lot of money on a non-refundable trip. Because we're so busy at work, I have also been refused time off for a midwife and hospital appointment. I have no idea what's going to happen with my maternity leave!

I would appreciate any advise with this. I've tried talking to my manager and HR but I don't feel like they're really listening to me. It's worth noting that my contract states my working hours are 9:00am to 5:00pm on Monday, Tuesday and Wednesday. Any additional work is supposedly carried out at my discretion. However, I really can't afford to lose my job!

Thank you in advance.

Missme

Think this goverment info regarding pregnant employee's rights covers both the issue of hours and time off for appointments.

You are entitled to paid time off for ante-natal care. The term 'reasonable' may come into play here so maybe get some proper advice from...somewhere I can't think of! CAB?

Also they can't vary your terms and conditions while pregnant unless you agree. If you don't agree to the continued hours I believe they will just have to lump it and find an appropriate solution.

Good luck with the bump.

Janey7

As Missme says, they simply can't change your employment terms and conditions whilst you're pregnant unless you agree. You have several options:

• stay and work 'under protest' and bring a claim for unlawful deductions from wages or breach of contract
• in the case of a fundamental breach of contract, resign and claim constructive dismissal
• refuse to work under the new terms. However, bear in mind, this is likely to lead to a dismissal which may or may not be unfair depending on all the circumstances

I suggest you speak to an advisor at your nearest Citizens Advice Bureau before taking action.

Also recommend you communicate with your employer to protest this issue via email. If you have a written record of all correspondence this would help any case you later bring aganst them if things get really bad. Alternatively, the simple fact of forcing HR/your manager to respond to you in writing is likely to cause them to rethink their position and realise they are putting themselves in a risky legal position if they don't back down and honour your initial contract ...

lincroft1710

This is one area where trade union membership would have been very helpful.

Savvy_Sue

You could also phone your midwife and see if she will phone work and put a rocket under them ...

Does HR know your line manager cancelled your leave?

What will they do if you go sick? As you might very well do, given the stress - I certainly wouldn't wish to put baby's health at risk.

Takeaway_Addict

Janey7 wrote: »

As Missme says, they simply can't change your employment terms and conditions whilst you're pregnant unless you agree. You have several options:

• stay and work 'under protest' and bring a claim for unlawful deductions from wages or breach of contract
• in the case of a fundamental breach of contract, resign and claim constructive dismissal
• refuse to work under the new terms. However, bear in mind, this is likely to lead to a dismissal which may or may not be unfair depending on all the circumstances

I suggest you speak to an advisor at your nearest Citizens Advice Bureau before taking action.

Also recommend you communicate with your employer to protest this issue via email. If you have a written record of all correspondence this would help any case you later bring aganst them if things get really bad. Alternatively, the simple fact of forcing HR/your manager to respond to you in writing is likely to cause them to rethink their position and realise they are putting themselves in a risky legal position if they don't back down and honour your initial contract ...

The employer can't technically change the contract if you're not pregnant as well...

Takeaway_Addict

Savvy_Sue wrote: »

You could also phone your midwife and see if she will phone work and put a rocket under them ...

Does HR know your line manager cancelled your leave?

What will they do if you go sick? As you might very well do, given the stress - I certainly wouldn't wish to put baby's health at risk.

Is there any legal thing that says an employer has to speak to a midwife?

Takeaway_Addict

Some very good advice above Amy, you need to heed it. The employer needs to get their act together and they need to get someone else in to cover the work if needs be otherwise they could end up with 2 people of sick!

gibson123

You must also take your holidays before going on maternity leave, unless there is an option to take it at the end of your maternity leave in the same entitlement year, this will depend on the amount of maternity you intend to take of course.

Savvy_Sue

Takeaway_Addict wrote: »

Is there any legal thing that says an employer has to speak to a midwife?

No, but I know one who offered to do just that when a colleague was asking for appointments at times to suit work, rather than times to suit the maternity department. She wanted to remind the employer that my colleague was entitled to paid time off for maternity appointments.

As it happens my colleague explained that if she wasn't available to give her lecture on a particular day, the students just wouldn't get it, and it wasn't a subject you could just read up on. So the midwife was willing to accommodate her needs.

ohreally

Amy, the trouble with rights at work is they sometimes need to be exercised and I suspect you feel this may cause you further problems.

What is the background behind you going from p/t to f/t, were you originally employed on a f/t basis - "revert back to f/t"? If this is the case did p/t working result in a new contract of employment (it should have).