Back to work after maternity leave - weird clause in new contract

Fay_elizabeth

I'm about to return to work after maternity leave, before my leave I worked 4 days a week for the company and had been there 3 years.

On returning I requested part-time hours, 2 days a week. My employers granted my request but only if I would agree to return early - 1 month early. I agreed to this reluctantly, thinking of the long term.

I've just received my contract due to start on 10th September. It states -

Trial Period – trial period of one month, starting 10/09/2018 ending 10/10/2018 for
both part-time employees. If we feel two members of staff is not working and simply is
not suitable for the needs of the clinic we will terminate the employment and seek one
member of staff only to cover all 4 days per week. Employees need to establish good
communication skills to manage/liaise tasks that may not have been completed on their
day of work. If too many mistakes are made –i.e failing/forgetting to return calls, emails
or book patients in—we will terminate employment of both members of staff.

So, it looks as though I can just be fired at will if the other person doesn't work out. Not sure where to turn here. Advice?

Takeaway_Addict

Fay_elizabeth wrote: »

I'm about to return to work after maternity leave, before my leave I worked 4 days a week for the company and had been there 3 years.

On returning I requested part-time hours, 2 days a week. My employers granted my request but only if I would agree to return early - 1 month early. I agreed to this reluctantly, thinking of the long term.

I've just received my contract due to start on 10th September. It states -

Trial Period – trial period of one month, starting 10/09/2018 ending 10/10/2018 for
both part-time employees. If we feel two members of staff is not working and simply is
not suitable for the needs of the clinic we will terminate the employment and seek one
member of staff only to cover all 4 days per week. Employees need to establish good
communication skills to manage/liaise tasks that may not have been completed on their
day of work. If too many mistakes are made –i.e failing/forgetting to return calls, emails
or book patients in—we will terminate employment of both members of staff.

So, it looks as though I can just be fired at will if the other person doesn't work out. Not sure where to turn here. Advice?

They would struggle to just fire you without a due cause and part time working out isn't one of them.

The clause is reasonable if they said they didn't feel it was working out and expected you to return to your normal hours pre maternity leave but unless the new person has only just started they can't do as they have claimed (and if they are new then it would need to be that person to keep things above board)

Comms69

Out of curiosity how long have you worked there?


It seems to be a risky clause on their behalf. Is this a GP / NHS role? Are you in a union?

sangie595

Takeaway_Addict wrote: »

They would struggle to just fire you without a due cause and part time working out isn't one of them.

The clause is reasonable if they said they didn't feel it was working out and expected you to return to your normal hours pre maternity leave but unless the new person has only just started they can't do as they have claimed (and if they are new then it would need to be that person to keep things above board)

Actually, I think that is exactly what they have said. Admittedly not terribly well, but it seems it is. "The employment" is XX job at two days a week. If the arrangement doesn't work, then that is what they would terminate. The employer would then need to "follow the law", and, assuming over two years employment, offer a "suitable alternative", which would be the four days. Then the OP would need to decide whether to accept or not.

But the obvious advice is - ask the employer what they are saying! There's not a lot of point worrying about it if they simply haven't phrased it well.

Fay_elizabeth

Comms69 wrote: »

Out of curiosity how long have you worked there?


It seems to be a risky clause on their behalf. Is this a GP / NHS role? Are you in a union?

I've been there 3 years. Not GP/NHS no, small private health practice. No union, I'm their only employee.

TELLIT01

Basically they are saying that if 2 people each working 2 days per week doesn't work out they reserve the right to return to the previous position of 2 person working 4 days per week. That's pretty standard with any request for a modified working pattern.
If they did return to 1 person 4 days per week, presumably you would be given the chance to return to your previous working hours.

Where my wife works they are now starting to take a much tougher line on people returning from maternity leave and pretty much demanding that they are allowed to work whatever hours suit them around childcare. There has been at least one instance of a returnee being told straight that the hours they want to work are not acceptable and they either come back on the hours they worked previously or they don't come back. It should be remembered that anybody can request a change of hours but the employer can refuse if the request doesn't fit business needs. The extreme example would be a group of people all wanting to work Monday to Thursday leaving an empty office on the Friday. Clearly not acceptable to the business.

ReadingTim

They're basically saying that if mistakes get made or things get missed because each part time person thought the other was doing/had done it, then they'll call the whole thing off.

So if your other part time equivalent makes a mistake, you've got to catch it. And if you make a mistake, you've got to hope they catch it. And if one of you is a bit lazy, then the other has got to pick up the slack. Your employer is unlikely to sack you "at will", but you're going to have to be on top of your game - possibly to a greater degree than if you were there full time!

DontBringBertie

Same thing happened at my sister's work. Someone in their (small) team went on maternity leave and requested to come back part time doing 3 days a week. With the nature of the work they do it would have been very difficult to accomodate. Either hire someone else to the other 2 days (may be difficult) or an existing member of the team has the pick up the extra work for no extra pay.

The request was rejected and she apparently threw a hissy fit complaining she would now have to get a full time nanny.She had already booked nursery based on 3 days and the other 2 days at that nursery were apparently fully booked for a while.

People seem to forget just because youve had a child doesnt give you the right to demand unreasonable things from your employer.