I have been with my company for 2.5 years and am currently in my sixth month of maternity leave. I recently submitted my Flexible Working Application (FWA) requesting a change in hours from 9-5.30 to 8-4.30, remaining as a full time worker. HR subsequently informed me (via conference call) that my requested hours would not work in my role. Additionally the company has changed the support ratio and parameters of my role (including work location) whilst I’ve been on maternity leave and as such my original role no longer exists. When I challenged them on this I was told the person carrying out my maternity cover is able to meet the new location and working hours requirements. The implication was that I fall in line and accept the new arrangements with the knowledge that my temporary cover can easily become a permanent arrangement. I asked about alternative positions within the business, but was told that none existed. Agreeing with the new terms has significant implications for me. My original role was designed around flexible working; my employment contract states I am a home-based mobile worker. I also gave full disclosure of my medical condition (a result of childhood cancer) in the company medical questionnaire upon joining the business. The impact of my physical mobility challenges was also verified via a Workstation (DSE) Risk Assessment carried out by the local Health and Safety Manager. I have all of this documented. As such the business has full awareness of the difficulties a commute into central London presents to me, and the practical advantages that a ‘drive to work’ commute affords with respect to my physical mobility challenges. I feel they are consciously discriminating against me in terms of my disability and maternity needs as they aware of my medical history and the reasonable adjustments required. I now have a follow-up call scheduled with a company HR Manager this week. From a legal standpoint do I have any options that will ensure I maintain a role as per my current employment contract? Are they in breach of my employment contract? Are they legally allowed to change my flexible working status and work location without my consent? As an alternative I would consider a voluntary redundancy package, but is there a minimum standard I should insist on (e.g. am I entitled to ensure I am financially supported until the close of this year)?
I am manager of a call centre and two staff have recently been on maternity leave and come back requesting flexible working [part-time]. I agreed the first one, but the second wants the same days as the other two, which leaves me down on staff to cover Thursdays and Fridays. Meanwhile another member of staff has recently moved their shift for other reasons [ie they are not a parent] to Mon-Weds. I rejected the second woman's request, but she is claiming that this is discriminatory since the other woman was granted her request as was a non-parent and she is a single mother without childcare for Thursday and Fridays. Am I within my rights to reject her claim, given that I have granted the other two or does this set a precedent? Does flexible working legislation mean that parents have more rights with regard to flexible working? I do not want to lose this worker, but she does not appear able to compromise.
I have worked for 5 1/2 years and returned from maternity leave to be advised a few months in that my job is to be made redundant due to closure of the clinic and they are to set a new partner service up where the nurses will be transferred to and they do not want a receptionist. This happened in January, but this clinic is still open and a nurse is running reception and doing my duties assisted by a member of the Customer Services team. Where do I stand for unfair dismissal? I am also trialling a job in the Customer Services team and have not received the same training as a new starter so have been told I have performance issues. They keep asking if I am staying after my trial and I am only 1 week in. They also ask if I am having any more children. I feel pressured into leaving at this time. I have saved everything on paper that they have given me, including emails and rosters for new job.
I run a small company, of only myself, within a larger organisation. My colleague, who also ran a company of one, was made redundant just before I went on maternity leave. He then became my maternity cover, employed as a consultant. I was due to return to work this week, but was called last week into a redundancy consultation. They told me that my cover outsourced some parts of my job while I was away, and that they are changing some other parts of the job so now it will require a new skillset. I see no reason why I would be incapable of implementing any changes and doing the job. They said that it would not be possible to have two people in the job. As I’m in the redundancy meetings, it is clear that my maternity cover (male, grown-up children) will be taking over my job. He is now a consultant, so having him leave would cost nothing, while I have been there 13 years and due redundancy. A few months before I was due to return to work I spoke informally to the CEO about me returning part time and partly from home and he was happy for me to do so. My maternity cover worked part time and partly from home while I have been on maternity leave. This can't be legal?
I work part-time hours - 30 hours a week and my employers are making redundancies and say that if I want another job in the company I would have to work 37.5 hours per week. Would the company have to pay me the full time equivalant even though it's more than the other person already doing the job?