Contract employment advice

[leannenaylor1]

I have been working for a company on and off as a temp for 5 years.
I recently received a permanent contact off them, verbally in December 14 and written in January 15.
Working 14:00 til 22:00 Monday to Friday

I found out i was pregnant in Feb and once i was over my 12 weeks i told my manager. I gave him it in writing in the time length needed. I have requested 9 months off and we have arranged a date for me to come back on.

I had a meeting with my manager about when i come back. I told my manager that 14:00 - 22:00 wasn't suitable for me now as i would have a baby.
They didnt make any effort to try and give me child friendly hours, So i made my own suggestion to working 12:00 til 15:00 go home and come back into work same day and do 18:00 - 21:00
My manager advised me i would be classed as Part time staff, i would loose my shift allowance so i would go from £8.80 p/h to minimum wage as apparently my sift allowance is included in my hourly income and also loose bank holidays.

Can someone advice me on what my legal position is regarding been offered child friendly hours and also whats the legal situation regarding my shift allowance for working unsociable hours

[matt3942]

Re: Contract employment advice

Good evening,

Thank you for your post.

In a nutshell, your employer is not legally obligated to offer you child friendly hours.

Generally, when returning from Maternity Leave, you have the right to return to the same job with the same terms and conditions, or (where this is not practical) a similar job with terms and conditions at least as good. Alternatively, you have the right to request flexible working arrangements, to which your employer has a duty to give reasonable consideration. From the information you've provided I have inferred that your employer is happy to accommodate your suggested part-time working pattern of 1200-1500 and 1800-2100, Monday-Friday.

There doesn't seem to have been any unlawful action so far.

As for the shift allowance, this depends entirely on what your contract of employment says, and whether any relevant customs and practices exist. If you can tell us what your contract says about shift allowances we can better advise you.

I am confused about why you would lose your bank holidays. Are you able to give us more information about that?

- Matt

[MissFM]

Re: Contract employment advice

what your contract says about shit allowances

Stunning typo, Matt

[matt3942]

Re: Contract employment advice

Oh my! Well spotted!

- Matt

[teaboy2]

Re: Contract employment advice

Shift allowances is probably in the company hand book - Basically if your no longer working that shift your not entitled to the allowances for that shift. But for the hours that you will be working that coincide with the 14:00 - 22:00 i think you should still be entitled to the shift allowances due to your hours coinciding with the shift hours where the shift allowance is paid to others working those same hours. But you would need to look at your contract and most probably your company handbook to see who qualifies for the shift allowance.

Likewise i am confused as to how you would loose your bank holidays - What does your contract say about your holiday entitlement - Does it include bank holidays in your annual entitlement and are their any terms where by you may be expected to work bank holidays?