Maternity leave - has my employer broken the law?

epskie

Hello,

I'm looking for a little advice if anybody can help me please?

I have been with my current employer for 10 years. I worked part time (usually 24 hours per week, but covering where required) when I left for maternity leave last November. In addition to my hourly rate I received commission every month, between £50-£300 per month, depending on how many targets were met.

Around 5 months into my maternity leave my boss (managing director actually, it's a very small, one branch business) rang me to say that he was cutting back the business, letting some members of staff go and moving premises. He said he was keeping me but things would be changing i.e hours, job roles etc.
I was scared, having just had a baby etc and just agreed to come back to the new premises when my leave was over (August)

My hours have been cut to 16 per week, I'm now on minimum wage with no commission and no opportunity to earn any.

Now the dust has settled I've asked for more hours and been told no. This has especially annoyed me because the other girl who has been kept on has the lion's share of the hours and she's only been with the company for a year.

Has my employer broken the law? Is there anything I can do?

Many Thanks.

DomRavioli

epskie wrote: »

Hello,

I'm looking for a little advice if anybody can help me please?

I have been with my current employer for 10 years. I worked part time (usually 24 hours per week, but covering where required) when I left for maternity leave last November. In addition to my hourly rate I received commission every month, between £50-£300 per month, depending on how many targets were met.

Around 5 months into my maternity leave my boss (managing director actually, it's a very small, one branch business) rang me to say that he was cutting back the business, letting some members of staff go and moving premises. He said he was keeping me but things would be changing i.e hours, job roles etc.
I was scared, having just had a baby etc and just agreed to come back to the new premises when my leave was over (August)

My hours have been cut to 16 per week, I'm now on minimum wage with no commission and no opportunity to earn any.

Now the dust has settled I've asked for more hours and been told no. This has especially annoyed me because the other girl who has been kept on has the lion's share of the hours and she's only been with the company for a year.

Has my employer broken the law? Doesn't sound like it, Is there anything I can do? No.

Many Thanks.

If for business reasons your hours have been cut and you have been given notice of this, they haven't broken the law. You have been given enough notice of the change in hours, and there isn't anything you cando about.

Undervalued

DomRavioli wrote: »

If for business reasons your hours have been cut and you have been given notice of this, they haven't broken the law. You have been given enough notice of the change in hours, and there isn't anything you cando about.

I agree.

If you are not willing to accept the proposed changes you need to formally reject them. Doing nothing indicates acceptance. However if the employer won't change their mind or negotiate an acceptable compromise then your only option is to resign and claim unfair dismissal.

Tribunals have frequently held that really quite significant reductions in hours and / or pay to be reasonable if the employer argues that the only alternative was redundancy. Based on what you have said here I think it is unlikely you would win.

The maternity aspect is a red herring unless you can show that this is the prime reason for the change. Although an employer needs to be careful maternity in itself does not prevent contract changes or redundancy.

sangie595

I am reading this that you agreed, and are now unhappy because "the dust has settled" - did you agree?

Undervalued

sangie595 wrote: »

I am reading this that you agreed, and are now unhappy because "the dust has settled" - did you agree?

Having re-read the OP I think you are right.

If so then it is all academic but I think the OP would have struggled in any case.