Working after Maternity Leave- What are my rights??

[housewifey]

Hi! Basically, I returned to work in November 2011. When I returned I asked for reduced hours (from 20 down to 16) and explained that I would only be able to work a Thurs night and during the day Saturday and Sunday. This was all accepted and these are the hours I have been doing for the past 9 months.

However, now I have a new boss and she last week explained to me that my availability hours are awkward and could I comprimise? I explained about my daughter and the fact that we cannot afford to put her into childcare. She then went on to say she had a business to run and she would either need me to work 4 hours over 4 days or reduce my contract to 4 hours and only work 1 day a week! Neither of these are an option so she is speaking to HR and Head Office for advice! I don't know what my rights are and if she has any power to make me do these even if i dont want to??


Sorry it was so long- wanted to explain clearly.

Any help appreciated, thank you xxxx

 

[babyblog]

Hiya, did you get a new contact when you changed your hours? When I went back after my first I reduced from 37 to 18.5 hours each week, over set days so HR sent me a new contract with all of this on it. You should have got one? They can't make you change your hours if it was agreed, but I would look for your paperwork to use to help you x

 

[gingajewel]

I work in HR hun...did you get a contract when you went back and has it got your specific hours and days of work on?

 

[housewifey]

Hi ladies, thanks for replying. When I returned I didn't get a new contract but I sent a letter to HR explaining what terms I wanted to return on. I have a reply to this which states that my contract has been reduced from 20 to 16 but doesn't mention anything about the days I wanted to work. I assume my boss at the time should have got me a new contract but didn't? Anyway- I have a copy of the letter that I sent to HR which does state my availabilty days? It is only a printed fill in form which has been filled in my handwriting- will this stand for anything? X

 

[sw121]

It seems fairly clear you could argue your contract is for 16 hours on Thurs eves and day times at weekends - even if you don't have a written contract, you can claim it's custom and practice. However, this doesn't mean they can't change your hours. An employer can vary your contract with appropriate consultation - but this needs to be a formal consultation (i.e. over a period of 30 days, with formal right to representation, etc) and not just your manager saying she can't accommodate your shifts any more.

You need to be asking questions like what has changed recently that means your contract is now "awkward"? If nothing has changed, other than your manager, then I think they'd be on very thin ice trying to justify changing your hours. Ultimately however, they may push it through, and your only recourse would be to take them to tribunal.

Are you in a union? It would be well worth getting them involved if you are. I think it would also be in your interest for this to go to HR/head office as well - they may tell your manager she's being unreasonable. I work in HR and had often had to unpick situations where the manager has gone in with two feet being completely unreasonable and I've had to sort it out.

 

[housewifey]

Thanks so much for your help, u've made it a bit more black and white. Basically the reason for the sudden (awkwardness) is due to the previous manager overspending on hours, so new manager has been told to make cut backs ie. Everybody working contract hours only. Which I can understand but she says that generally 16 hour contracts are supposed to be fully flexible (which i am not)

Anyway I'm speaking to her tomorrow morning (saturday) and I have my paperwork ready so I'll see what she says about it!

Really nervous tbh- and no union btw. I work for a big brand (clothing store) but the store I work in is very small (only about 8 staff) but I could go to citizens advise if I wanted formal representation?!

Could you explain tribunal to me! What would that involve? I'm thinking like court? But I'm guessing I'm wrong?

 

[gingajewel]

How did it go yesterday hun? X

 

[LouLouBella]

Sounds exactly where i am about to go back to work to!
By law if you have a contract.. Your manager can't go against it! She can ask you to compromise but you don't have to as you had already agreed your hours and days!
Something i HAVE to do on Monday is phone my HR and get everything confirmed, i would always suggest phoning them to get support. They will tell you what your manager can and can't do and where you stand.
If your manager then does anything for example making life hard because you can't do the hours she wants you to do you know you're in the right and can then take it further!
Let us know how it's goes

Lou xx

 

[sw121]

Thanks so much for your help, u've made it a bit more black and white. Basically the reason for the sudden (awkwardness) is due to the previous manager overspending on hours, so new manager has been told to make cut backs ie. Everybody working contract hours only. Which I can understand but she says that generally 16 hour contracts are supposed to be fully flexible (which i am not)

Anyway I'm speaking to her tomorrow morning (saturday) and I have my paperwork ready so I'll see what she says about it!

Really nervous tbh- and no union btw. I work for a big brand (clothing store) but the store I work in is very small (only about 8 staff) but I could go to citizens advise if I wanted formal representation?!

Could you explain tribunal to me! What would that involve? I'm thinking like court? But I'm guessing I'm wrong?

Sorry for the delay - I know you've spoken to her by now. If you've not already, I'd ask her how you working 16 hours on a flexible contract is going to help cut costs compared to you continuing your 16 hours on the fixed days. How does changing it make it cheaper for them? If it's not cheaper, then I don't really understand the rationale for changing it. Saying that all 16 hour contracts are flexible is not adequate reason for declining (or in this case changing) a flexible working arrangement.

Regarding a tribunal - yes it is a court. If it doesn't work out and you end up leaving as a result, then I'd advise you to take some legal advice, as a tribunal claim may be worth persuing - you could look at a claim for sex discrimination. It's a complex area though, so you would definately need specialist advice. Plus you'd need to do it promptly, as there's a time limit to apply of 3 months. But it's obviously best to try and get them to agree to keep your hours as they are - then you wouldn't have to worry about legal action.

 

[sw121]

By law if you have a contract.. Your manager can't go against it! She can ask you to compromise but you don't have to as you had already agreed your hours and days!


Lou xx

Hi Lou - I thought it's worth clarifying that this isn't quite true. Although a contract is a legal document, usually there is a clause within them that allow the employer to vary the contract with appropriate consultation. This means that employers can change your contract, as long as they go through the correct process. For instance, where I work, they are changing everyone's hours of work, so full-timers have to work 37.5 hours instead of 35 hours, but for the same money. They can do this as they are carrying out the consultation required. And although this is called a consultation, it doesn't actually have to be a negotiation as such, so in this case, the change in hours will happen, the consultation is about addressing any individual issues that arise.

 

[LouLouBella]

Ahh i did not know this, what happens if they haven't written a clause into it? So when me and my colleagues read our contracts it's fairly 'simple' and straightforward no small print, would there still be a clause in this?
In the company i work for (Technology chain - so fairly massive!) they had to ask full time employees (39hrs) if they would drop 5hrs. The full timers could refuse and just wouldn't be offered overtime, is this the company just being polite or because they couldn't change our contracted hours?? (This is why we all thought having a contract meant they were stuck with us lol)

When i go back to the company, i will be recieving a new contract of reduced hours (16hrs) So could the same happen??

Many questions

Lou xx

 

[sw121]

Ahh i did not know this, what happens if they haven't written a clause into it? So when me and my colleagues read our contracts it's fairly 'simple' and straightforward no small print, would there still be a clause in this?
In the company i work for (Technology chain - so fairly massive!) they had to ask full time employees (39hrs) if they would drop 5hrs. The full timers could refuse and just wouldn't be offered overtime, is this the company just being polite or because they couldn't change our contracted hours?? (This is why we all thought having a contract meant they were stuck with us lol)

When i go back to the company, i will be recieving a new contract of reduced hours (16hrs) So could the same happen??

Many questions

Lou xx

It can be a complicated area. If there was a variation clause in your actual contract, then you should be able to easily idenitfy it, as it would be something along the lines of "the above terms can be varied from time to time by the employer, etc...".

However, even if your contract doesn't state this, it could be stated elsewhere. A lot of employers are going for quite simple contracts and putting the detailed info into staff handbooks - so it may be that the provision for the employer to vary the contract is within the handbook (or some other similar document). There is case law that has said it's still ok for employers to vary contracts, even if the variation clause isn't in the contract and is elsewhere.

If there is no variation clause anywhere, then they can try and persuade people to change their contract, but would not be able to force them. Sometimes companies might make payments to staff as part of a deal to get them to change their terms and conditions.

However, if the employer forced a change without a variation clause, the only recourse would be for the employee to resign and take their employer to tribunal for constructive dismissal because of a breach of contract. That's always a gamble, so some employers would think it would be worth the risk just forcing a change through.

I does sound like you might not have a variation clause if they didn't force the full-timers to drop hours - but obviously I couldn't say for sure. I'd be surprised if a big employer didn't have a variation clause in it's contracts.

If they've been sting on not having a variation clause, it may well be that they've added one in now and any new contracts issued have it included - so you may well find if you're issued with a new contract that this is now included.

 

[housewifey]

Hi! Sorry i've been trying to log on BnB for days and been unsuccessful- anyway. . .

I spoke to my boss on Saturday, she said that the paperwork I showed her (my original contract and a return to work after mat leave fill in form) didnt mean anything due to the fact I had wrote 'following recent discussions with my manager, i will be returning to work on less hours (reduced from 20 to 16) and I have explained I am able to work saturday and sunday only' she is saying that because it is a letter referring to a discussion but doesnt actually state the actual conversation it doesnt mean anything?

this confuses me soo much!

anyway she has said that if i wish to continue working thurs, sat and sunday as i have done for the past 9 months. then i must apply formally for flexible working. i will give this to her on saturday.

i hope it doesnt have to get taken to tribunal but i actually do feel like i am being discriminated against, she has asked me do I not have any other family members that could watch my daughter for me- to which my reply NO! i am her mother and she is my responsiblity, my family have full time jobs and lives of their own!

im finding it very difficult to be nice to her now, thanks for your replies ladies, really helping me out here

 

[sw121]

I think it might be worth you ringing ACAS for some advice - even though you don't have it on a piece of paper, you may be able to argue your working arrangement is contractual through custom and practice.