Being put on 6 month probation on return from Mat Leave?

[BumbleBump]

Hi guys, just wondering if anyone has had this happened to them... I live in the UK so I'm wondering if this is actually allowed (I work for a law firm so I assume it is?!)

I returned to work this week, and have been told by my line manager that it is now company policy that when an employee returns from a long term absence, they put on a 6 month probation period. I can understand this for long term sickness etc, but for returning from maternity leave?! It has left me feeling *very* uncomfortable, as I'm expecting again (will be working there for 6 months before I'm off again, so literally my probabtion period!) and I'm terrified they'll use it to get rid before I'm entitled to maternity leave, especially as this time round I would be entitled to their enhanced ML as I've worked there over 2 years (only 12 weeks 90% pay, but better than statutory!). I'm also looking at having to take tomorrow off as holiday short notice as my eldest is sick, though I have given them notice of the possibilty today and my OH took today off to look after her so I could go in, but it's not exactly an ideal way to start back (urgh and she hasn't been ill once while I've been on Mat Leave ).

I'm pretty disgusted they are even allowed to do this to be honest, and it's left me feeling so vunerable - I don't know now if I should tell them I'm pregnant again early like I was going to, so they are fully prepared, or if I should leave it as late as possible! They have made some serious cutbacks to IT since I've been away, and as the most junior of the team and now back on probation... for 6 months! ...

Has this happened to anyone else or am I just unlucky?!

 

[Vesta]

Wow! I'm really suprised that they can do that!

 

[MrsRH]

doesn't sound right to me either
I'd phone ACAS for some advice
https://www.acas.org.uk/index.aspx?articleid=1410

xxx

 

[besterd]

That's really bad!! I never knew that they can actually do this but it doesn't sound right to me.

If I were you I'd just tell them and get over it. They're going to find out sooner or later so better let them know in advance. At least they'll have more respect for you coming out in the open!

 

[Cham]

Thats absolutely ridiculous. After 12 months continuous service you have unfair dismissal rights, so the whole exercise is pointless.

You should point out to them that what they are doing is direct sex discrimination because if it wasn't for the fact that you were on maternity leave, they wouldn't be putting you through this process (unless there were performance issues before you left)

In terms of maternity pay, in order to quality, you have to be continuously employed for 26 weeks at the 15th week before the baby is due, so as long as you continue to be employed by this date, they will still have to pay you SMP.

 

[BumbleBump]

Thanks girls, when my manager told me at first I didn't really think much about it as it was mentioned off hand and I assumed that was "just the way it is", but after looking through the HR policies on the intranet for any updates I couldn't find anything, even in the case of sickness absence. The HR girl is in our office tomorrow and I was planning a catch up meeting with her anyway so I will see if it is a misunderstanding or if they are trying to pull a fast one! I haven't had anything in writing from them, so as far as I know my fixed contract should still be valid?

As my line manager has changed since I left to my collegue that I'm friendly with, I have already mentioned to him I'm expecting again, so he does know... I just haven't made it "official" yet by telling his manager (my old line manager) or HR and I know he won't say anything until I do. I'll let HR know tomorrow I think during the meeting.

Thanks, glad I'm not the only one that thinks it's wrong!

 

[MrsBop]

I really don't think this is right at all. I would phone the number on the website above. Good luck and keep us updated.

 

[BumbleBump]

Thanks for the link to ACAS

I've just given them a ring and the lady was lovely. She laughed when I told her

She told me that technically for long term sickness, they can do this to monitor attendance (though they are edging on shaky grounds as if it was due to disabilty they wouldn't be able to do even this), but for maternity it's not really something they should do. She told me to get in touch with HR and see if it's a case of my line manager getting things mixed up, but that if they really have set up a policy that includes maternity leave, I can come in at an angle of detrimental treatment over maternity leave. She also told me that I don't need to worry about expecting again, "I'm allowed to have as many children as I like"

I have a meeting with HR at 2pm so hopefully it'll all be sorted out then - phew!

Thanks for the advice x

 

[MrsRH]

glad you found them helpful
xxx

 

[BumbleBump]

All sorted

Met up with HR and asked her about it. She said, oh yes.. basically it means that for the 6 months you will be given extra supervision, specific goals and have monthly/bi-monthly meetings to make sure that you are readjusting well and have everything you need.

So I asked, so my contract etc stays as it is? I.e. 2 month notice still in place, normal procedures etc... She said, yes that all stays the same, it's just making sure you settle back in OK.

Why call it frickin' "Probation" then?! Surely there's a better label, lol. So it looks like I'm on "good" probation where I get extra support. All that worrying for nothing! I also let her know (once that was all cleared up) about expecting again, she congratulated me and we had a good chat about it and she'll send me a letter about what I need to submit when, and will get all the risk assessments etc in place.

Happy worker again!

 

[MrsRH]

fab!!!

xx

 

[Abz1982]

Glad its all sorted. Maybe tell them it would be better to call it re-integration or something other than probation!

 

[beccad]

Glad it's all ok - but yes they should call it something else! Being put on probation again makes it sound like you've done something wrong!

 

[BABYLAW]

I am concerned that you have been put on a six month probationary period following your period of maternity leave. I am an employment solicitor and offer a 30 minute free consultation if you require some advice on this, our law firm is Babylaw Solicitors and our contact details are available through our website. Please do not hesitate to get in touch if we can help.