Constructive Dismissal & Maternity Discrimination

francisln

Hi 

First time posting....im after some advise to see where I stand. Ill try keep it short and to the facts! 

Returned to work Oct 2020 after 9 month mat leave.....contract before leave 35 hours over 5 days (mon - fri 8-4). On my return I requested 32 hours over 4 days (8-5 which ever days suited)

They advised the week before my return they could only offer me 3 days possibly even 2 saying there wasnt enough work. I will point out they didn't replace me whilst I was off....the director and yard manager covered my duties between them.

I advised I could not afford this. Furlough was originally due to end end of October my return date was 12th October. As I has a years woth of holidays that id accrued I offered to use a day week to cover the 4th day until it picked up. As furlough was then extended past October I requested to be on flexible furlough rather than use my holidays, which they did. 

I have chased and chased updates but got nothing back. When the terms of furlough changed in July - meaning the employer had to contribute more, I came to work to a letter stating my furlough would had stopped the day before and I would be going back to original hours. 

I queried what hours they would be as no new contract had been drawn up and agreed so I assumed it would be 35 hour or the 32 I requested.

I was told it would be the 3 days as agreed.....I refused. We had a couple of meetings (recorded, which I was told they would come back to me answers they never did) The director and yard manager were still covering my job on my days but yet there isn't enough work for me, which i have expressed this in the meetings. They just left me on flexible furlough.

Things came to a head when in September when I had an informal chat with the yard manager - seems the director cant face me! In which he advised when furlough finished at end of September there would only be 2 days work for me. I resigned later that day citing constructive dismissal and maternity discrimination.

All throughout this past year I have had to chase for updates on the situation they have just kept me in the dark as well as having other people do my job on my days off, if I hadn't gone on maternity leave I would of never handed any of my duties over! 

I know its irrelevant but I'm a single mother with a mortgage to pay and they know my situation, its a family run company with only 10 employees so its not like I was just a number and the were busy trying to sort everyone out, I think they were hoping I would just leave as they were saving my wage whilst I was off and have started to close one side of the business! it was weekly pay so obviously any changes to my hours kick in pretty quickly! 

Am I wrong in thinking I have a case here, so sorry for the long post.....any advice is greatly appreciated 

ReadingTim

It sounds like they're cutting your hours because there's not enough work coming in - this would have happened regardless of whether you went on mat leave or not, so I don't think you can claim discrimination there.  Furthermore, it's not constructive dismissal to reduce employees' hours if the work dries up - they're a business not a charity, and the law recognises that.  

I suspect the business is in difficulties, and you're best off looking for another job now whilst you still have the choice - if the firm goes belly up, that decision will be made for you!

tacpot12

If you have home insurance, and have legal expenses cover, you might to the Legal Helpline provided by your insurer, for a second opinion. Unfortunately, I think ReadingTim might be right. 

lincroft1710

I can't see your maternity leave playing any part in this.


The fact your duties were split between 2 existing workers suggests either there wasn't enough work even pre your mat leave and/or there wasn't enough money to pay for a temporary replacement. If there's not enough work for you, you can't expect them to pay you for hours you would be sat around doing nothing.


Instead of resigning you should asked for redundancy as it appears your role was becoming redundant.

Jillanddy

It's pretty simple. You were entitled to return to your job. Or to another job on the same terms. The minute you asked for something different, that protection ended. They didn't have to agree. You were not entitled to the hours you wanted. If they offer a settlement to avoid the costs of a tribunal,  take it. Because based on what you've said here, you have no case. You are right - being a single parent or needing to work fewer hours is irrelevant. Maternity doesn't entitle you to get your own way. You had a case of you'd insisted on your original job back. But you didn't. 

francisln

Thanks everyone. The director took over my role as she never came in before I went on maternity leave maybe once a month if that so the work was there. It was only recently one side has been stopped but your right about the cutting hours now. Just feel like they’ve shoved me out of the door whilst having other people do my job just doesn’t seem fair. If they’d said no to my request to work slightly I would have gone back to my original hours but it wasn’t offered so thought I’d maybe have a case. Thank you for the advice 

francisln

*to work slightly less hours 

Thrugelmir

francisln said:

 Just feel like they’ve shoved me out of the door whilst having other people do my job just doesn’t seem fair. 

Your full time role for all intents and purposes has become redundant. No manager/owner likes making employees redundant. Unfortunately there's sometimes no alternative. Keeping a business afloat means taking tough decisions however difficult. There's nothing personal though it seems like it at the time.   

How long have you worked for the company? 

francisln

4 years, I do understand that but redundancy wasn’t offered either, I’m assuming as the role itself isn’t redundant….I was the only admin person doing my job until mat leave. Think I had it in my head that they can’t just give my work to others and use the excuse there’s no work. 

The other issue is I spoke to acas and they advised I had been paid furlough incorrectly…as I didn’t have a new contract I should of been paid furlough for original 35 hour contract, they are disputing that though. 

It’s just a rubbish situation and i know im probably taking it more personally than I should. Luckily I’ve got a new job so I’m relieved! I was worried there wouldn’t be much about with covid and furlough finishing so least it’s not all doom and gloom! 

TELLIT01

As you have a new job you need to put this situation behind you and move on, with the possible exception of pressing to get the correct furlough payment.  Most of that was financed by the Government, not the company.

TBagpuss

I think it is worth you taking some advice

You may have shot yourself in the foot by resigning, but it is worth speaking to an employment lawyer (check if you have legal cover on your insurance, if not, speak to ACAS. Normally, (except in the most egregious cases such as if you were assaulted at work) it's appropriate to go through the internal grievance process before resigning, if you plan to claim constructive dismissal

It's not clear whether you told them that you were prepared to return to your original role and hours if they didn't agree to the request you made, nor is it clear whether they offered you that option. If they did not offer you the option of returning to your original job on the original terms or to a similar and equivalent role then it's *possible* that there is an element of discrimination - but the fact that you resigned does make it more complicated. 

It may well be that the job genuinely isn't there but in that case there may have been a redundancy situation and they should have gone through a proper process (assuming you'd worked there for more than 2 years) and if you were selected, you would have been eligible to receive redundancy pay. Again, having resigned complicates things