Q And A
I returned to work 9 months ago after maternity leave. Things were very difficult regarding this. I was to return to work 30 hours a week as arranged months before my return to work. I was also to return to working in the premises closest to where I live which is where I worked before I went off. I was then informed a few days before returning that this was no longer the case. I had to return 40 + hours and at the original premises. There are several premises. I was told there was no job for me otherwise. After talking to a solicitor I was advised to leave and sue for constructive dismissal. However, I returned to work when my employer changed their minds. Since returning I have had my rota changed 4 times with no notice, all of which I have done although childcare has been extremely difficult. I have been reduced to tears by my employer and told how inconvenient me being off due to my child being unwell is, and I have been demoted and another member of staff given my position without being informed of this for several weeks. My wages have been paid late on several occasions, and I have been informed of yet another rota change where I have to work 30 miles away. I still do not have a contract. Can they do all this to me? This situation has completely ruined returning to work and makes home life now difficult. I hate leaving my child every day to go into a job I feel I am being discriminated against in.
Answered by: Tracey Guest
When there has been a course of conduct by an employer which, taken cumulatively, amounts a breach of the implied term of trust and confidence which exists between every employer… View full answer >
I am currently a part-time working mum with 2 children. I have worked with my company for a number of years and after maternity leave I found I was unable to return as my shift pattern of a 7-day fortnight meaning I would work 2 days then have 7 days off. Although long days - I start at 7am and finish at 5 pm, so I have left for work before the children wake and am home when they are in bed, my husband and I could make it work as he (who also works shifts) could request his days off as the 2 days that I work. We have done this for approximately 5 years now. Last week my company proposed a new shift pattern which would be two weeks on an early shift, new times of 6am- 5.30pm then two weeks of late shifts from 2.30 pm -2am. Do I have any rights to fight this? My main concern being that on my last night shift is I wouldn't return home till 3am at the earliest and my husband frequently has to leave for his job any time between 2.30am - 5am. This means that transport will be an issue (we share our car for work, public transport is not an option) and I will be expected to start my day about 3 hours later at 6am which is the normal time my children wake. This would happen fortnightly. Sometimes the overlap might mean that I would not be home before he has to leave for work, but childcare at this time is not possible. Also the impact of being responsible for 2 young children after only having 2-3 hours sleep is surely unreasonable? I would be really grateful if you could advise me on my rights. I am willing to stay on the earlies as we can fit this around my husband (even though childcare is not even a possibility for the earlies as I leave at 5am to get to work), but for me to work 2 weeks of these late shifts seems so unfair being a mum who doesn't want to hand in her notice because she can't accommodate the new shift pattern in a family routine. View full answer >
Answered by: Sejal Raja
I am currently on maternity leave and due to return to work in June. I have applied to reduce my hours from full time to 25 hours a week. Another colleague in my office has also asked to reduce her hours and even though no decision had been made on her application when mine went in, she has had her hours accepted on a tempory 3 month trial yet I have been refused mine. They have said that the hours left from me reducing and those of the other colleague (which amounts to 20 hours) does not warrant the cost and effort of training up a new employee part time and that we do not have adequate space within our department for another worker- even though there is adequate space and another colleague who also only works part time only works mornings so we could desk share. They also said that we wouldn't meet targets if I went part time and that work could not be rota'd fairly. Why weren't these reasons also said to my colleague? They went on to say that while I have been off on my maternity leave, my work has been covered by my team leader which has meant that some of her own work has not been done and this is another reason they are refusing my request. I feel this is unfair as firstly I am not even there as I am on maternity leave and secondly, how they have arranged to cover my maternity leave is nothing to do with me, and if they haven't managed to fulfil some work then why have they agreed to my other colleague's request to go part time? Please can you help in any way. I am finding this very upsetting and stressful and it is ruining the rest of my maternity leave. I really do think I am being treat unfairly. View full answer >
Answered by: Louise Taft
I'm one of two producers on a weekly TV show and have a full-time contract. I've been at the company for 17 years. I'm also a single mum with no family support. I returned to work after a year of maternity leave. I had a meeting a week before my return date & I was told there was a lot of changes going on & they felt it would be better for me to move onto a programme that was more office based. This project would only take me up to June 2014 and when I asked what would happen to me afterwards they said they didn't know. Since being back I have heard office gossip that they are making my original role redundant - they hasn't been any formal consultation about this - but I asked my line manager and he said it was likely this would happen and they know they have to find me another job. Can they make my role redundant and keep the other producer (a male) there - why can they chose him over me? As I accepted to work on the other programme does that mean I have no rights back to my old job? When discussing the possible roles for me from June - I was offered a month of overnight edits for a short series so a significant change in terms and hours which I said I can't do. Now they have offered me another role just for two weeks which creates more problems for me with childcare than if I went back to my old job. I have no problems with my original role being made redundant due to restructuring, but it has to be done within the law and fairly. Can you advise on the law of this please? Also in terms of a new role what would the law see as a suitable alternative? My old job was Monday to Friday - fairly normal hours but the ad hoc late night. They are muting possibly working on a programme on a Saturday now. None of the above has been put in writing and I don't know whether I should do this. View full answer >
Answered by: Tara Daynes
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