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AhariA

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sangie595

I'm sorry, but realistically you need legal advice. You are asking a bunch of strangers to construct a complex and lengthy legal argument/ case based solely on your perceptions on a one sided version of events; and with utterly no knowledge of the applicable policies of the employer. Any advice that we have here could only be pure speculation, and could be damaging to your situation.

Comms69

Are you in a union?

k3lvc

AhariA wrote: »

There is also a grievance against failing to make reasonable adjustments during a phased return. HR did not follow the OH recommend phased return report and gave me more hours over a shorter period of time than the report suggested. When I questioned this with HR they then argued this with me and were abrupt and asked "well what is the problem? why are you saying no to our phased return?" HR were so rude that I was forced to tell them I was only 5 weeks pregnant and have had to come off of my medication for my PTSD. I felt this was harassment.. How could I argue this?

In additional to my contractual hours I have a 'casual worker' contract in which I work 14 hours per week over time (same days and times) for the company and have done for the past 3 years. I was emailed by my Line Manager after returning to work and was asked if I was returning to those hours the following week. I emailed back yes definitely. A day later I received an email from my LM that read "Myself and HR have had a meeting and decided to give your hours to someone else" With no reason given. Yet this was odd as this was only since notifying HR of my pregnancy in the meeting regarding my phased return.

As Sangie says it's a complex one-sided story that needs formal (i.e. paid for) advice. Presumably you've a length of service (over 2yrs) that justifies the investment.


The two parts above worry me and give an indication that attitude/entitlement are not in your favour. If I'm reading correctly you're suggesting you've challenged employer that they're not respecting your phased return (reduced hours/days ?) yet on the other hand complaining that they're not giving you the additional 'casual' hours ? I can see why an employer would be !!!!ed off at this situation

sangie595

k3lvc wrote: »

As Sangie says it's a complex one-sided story that needs formal (i.e. paid for) advice. Presumably you've a length of service (over 2yrs) that justifies the investment.


The two parts above worry me and give an indication that attitude/entitlement are not in your favour. If I'm reading correctly you're suggesting you've challenged employer that they're not respecting your phased return (reduced hours/days ?) yet on the other hand complaining that they're not giving you the additional 'casual' hours ? I can see why an employer would be !!!!ed off at this situation

I agree, which is why I don't think this forum is a suitable place to ask for support. The requests here go beyond asking for advice, and there are several inconsistencies and errors in the OPs perceptions. The risk is that they take the wrong advice and make things worse. If there is no union involved, it does need legal advice.

AhariA

:money: Ok thanks

pmduk

You really need to be talking to your union about this. It's what they're there for.

sangie595

AhariA wrote: »

The casual hours were taken away after my phased return was completed and I was back to my normal full time employment.

Casual hours are, by their nature, casual - you have no right to them. However, given your circumstances, in think that the employer could reasonably argue that they were not convinced that it was in your interests or theirs to have you working more than full time hours when you had so recently been off ill and had to have a phased return.

You need to take legal advice as to what you can prove.

AhariA

thanks all

Gavin83

From your employers perspective I can see why they aren't on your side, honestly it comes across like you're taking the pee a little. Not well enough to work for 5/6 weeks but well enough to come in for 1 day at the end of term, presumably in an attempt to not be considered 'sick' anymore. Not well enough to work your full hours but well enough to work your full overtime, presumably for extra pay. Happy to throw in hints at being pregnant but not happy to officially state this. Maybe it'll help to understand their perspective a little bit rather than attempting to find discrimination in everything they do.

Anyway as the others have said if you want to go forward with this then you'll need proper legal advice. It goes without saying taking this route means you'll no longer be able to work there but I'm assuming you won't want to anyway.