Constructive dismissal return from maternity

[Elleroo]

Have I got a case

i will have taken 7 months off on maternity when I return to work. I have asked to work 4 days in stead of 5. They have said they cannot accommodate my request in my current office (which I am the manager of) but in another office which is too far for me to travel.

i have asked what happens if I come back on 5 days and they are not committing to an answer. Other managers in other offices have returned on 4 days but they are saying it's because of the staff issues and the size of the office.

[stevemLS]

Re: Constructive dismissal return from maternity

I'm sure you know that they don't have to agree to any request for a different working pattern. I reasons they have given seem adequate.

I don't understand your question about what happens if you go back for 5 days, isn't that what you are doing.

[Elleroo]

Re: Constructive dismissal return from maternity

They have said I can go back on my usual hours and days 9-5 mon-fri to the same office BUT they will not allow any flexible working at this office not even doing a shorter lunch and working 9-4.30 which I would need to do to accommodate childcare. I don't think that's fair when every other manager in other offices has been allowed to work 4 days.

[stevemLS]

Re: Constructive dismissal return from maternity

I suppose they are saying they want managerial cover 9 - 5 - although it does seem a bit petty to me.

As far as I understand it, you cannot in these circumstances rely on how other people have been treated. They will say that each decision is taken on its own merits and that it is founded on the needs of the business as they apply at the time.

[Elleroo]

Re: Constructive dismissal return from maternity

I feel that I have no other choice but to resign. I think they are doing it on purpose to keep the person doing my job on for longer.

[stevemLS]

Re: Constructive dismissal return from maternity

Constructive dismissal is extraordinarily difficult to prove, some statistics are quoted on here occasionally, I think it is about 4% of cases that are successful.

Think very carefully before you resign, your prospects of successfully claiming unfair dismissal on the facts you have given so far are, in my view, slim to zero.

[Elleroo]

Re: Constructive dismissal return from maternity

I think so too but thought going back to work would be straight forward.

[stevemLS]

Re: Constructive dismissal return from maternity

It is, if you were wanting to go back to what you were doing before.

It becomes more difficult if you want to vary it, as you are finding, sadly.

I wish you all the best.

[teaboy2]

Re: Constructive dismissal return from maternity

Has the company followed this code http://www.acas.org.uk/media/pdf/f/e...k-flexibly.pdf - If not you may have a claim and could take them to tribunal.

As per the other managers you mentioned, where they male or female if both what is the ratio i.e. 6 males v 2 females that are on flexible hours! If they are all male or any if any off the females on flexible hours have not got children, then you may have grounds for sexual discrimination.

[stevemLS]

Re: Constructive dismissal return from maternity

I presumed from OP that she was talking about other managers returning from maternity leave. Other managers in other offices have returned on 4 days but they are saying it's because of the staff issues and the size of the office.

[Elleroo]

Re: Constructive dismissal return from maternity

I presumed from OP that she was talking about other managers returning from maternity leave. Other managers in other offices have returned on 4 days but they are saying it's because of the staff issues and the size of the office.

Yes they are all females returning from maternity leave.

[Elleroo]

Re: Constructive dismissal return from maternity

I think I'm going to resign but say I feel like they have given me no other choice but to resign. I have to be able to pick up my child from nursery at 5.30pm which means I have to leave work at 4.30pm.

[teaboy2]

Re: Constructive dismissal return from maternity

I presumed from OP that she was talking about other managers returning from maternity leave. Other managers in other offices have returned on 4 days but they are saying it's because of the staff issues and the size of the office.

Just thought it was best check, just in case they had also been male managers allowed flexi hours too.

I think I'm going to resign but say I feel like they have given me no other choice but to resign. I have to be able to pick up my child from nursery at 5.30pm which means I have to leave work at 4.30pm.

Before you resign - Did your employer follow the procedure in the ACAS code i sent you. I.e. did they assess the advantages and disadvantages of your application (you can take some of your work home with you you know), 2 - Did they hold a meeting with your to discuss your request, 3 Did they offer you the chance to appeal their decision?

Failing any of those 3, would likely give you grounds to take them to tribunal. But it would not be for constructive dismissal!

Also take a look here - http://www.legislation.gov.uk/ukpga/1996/18/section/80G

[Elleroo]

Re: Constructive dismissal return from maternity

I sent an email to my line manager on 25 November asking for a 4 day week and she replied on 9 December saying she had looked into this for me and wanted me to submit a formal request?! I thought I had already done that.

i met with her today and she explained that a 4 day week was not possible in my office but was possible in another office (which is too far away). I said what if I do 5 days but take a short lunch and work 9-4.30 instead of 9-5 they have said no. The company is all for flexible working and are in public sector, I don't know of any female manager that they have denied flexible working to but they are to me.

I am lucky that I have another job offer to consider but I am so annoyed because I would have gone back there and I feel they are not being reasonable.

[teaboy2]

Re: Constructive dismissal return from maternity

I take it you did submit a formal request then after she emailed you back?

Were you give the precise reason as to why not? and were you given the chance to Appeal? Did you inform them that if your not granted flexible working time, you would have no choice but to resign due to child care needs! Knowing that, may make the employer willing to compromise.