Going back to work

Ask Bev!

I am on maternity leave and I was due to go back to work in a few weeks. Now my boss has phoned to say that the work that I do has 'dried up'. Yet the woman who covered my maternity leave is still there. What can I do?

I wonder what your boss means by ‘dried up’. Is he saying that the job you did is no longer needed? Does any of the work still exist? If so, who is doing it? You need to find this out - write to him and ask.

If he is making you redundant, he should have let you know well in advance. He should have written to you saying that he might make you redundant, if anyone else is being considered for redundancy, and what factors he will look at when making his decision. If you are chosen for redundancy then he should have a meeting with you to give you the right to have your say. If you are actually made redundant, he must offer you any other suitable work first, before any other employee, because you are on maternity leave. If he does not do this, then this might be sex discrimination. If there really is no work, you can claim a redundancy payment if you have worked for your boss for over 2 years (including your maternity leave).

When you write to your boss, ask him who else might be made redundant. Ask him what your maternity cover is doing. (If you have any friends at work, ask them too.) If she is doing your job, it may be sex discrimination and unfair dismissal. Both of these are illegal, so you might be able to take it to an employment tribunal.
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I don’t want to go back to work full-time, at least not right away. What can I do?

Most women do not want to go back to work full-time straight away. A change like this would be called flexible working or ‘child friendly’ working. First, you should try just asking your boss as soon as you know that you want to change your hours, he might say yes. The more notice you give your boss the better. You would be amazed at the amount of employers who will try to help you if you want to reduce your hours. If he says yes, you should ask him to put the change down in writing. You could just send an email thanking him and asking him to confirm what was said.

If you have no joy with this you can make a formal application if you have worked for your boss for at least 26 weeks (including your maternity or adoption leave), and your child is under 16, or if you care for a disabled relative over the age of 16. It is best to use the form on the BIS website (see 'Links to other websites'). You will have to explain why you want to change your hours, and show how any effect that changing your hours might have on your boss's business could be reduced. Be as clear as you can about what is you want; you can only make one application each year.

Your boss may just agree to your request but if not, s/he will have to arrange a meeting within 28 days of getting your application. After the meeting, s/he has 14 days to let you know (in writing) what they have decided. If they refuse, they will need to show how the business will suffer if your hours change. You then have 14 days to put in an appeal. This is a long process so you should fill out the application and give it to your boss as soon as possible.

Many employers are willing to allow some employees to work flexibly on a first come first served basis, so a lot depends on the set up in your workplace. You could make a complaint about indirect sex discrimination if your boss refused your application and you can show that the reasons your boss has given will usually disadvantage more women than men. Good luck!
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I have developed a painful back condition since giving birth. It means I have to sit down most of the time, but at work we stand all day. What can I do?

If I were you, the first thing I would do is get a medical report from your doctor. If you have had this problem for a year or your doctor says it is likely to be bad for a year, then you may have a disability which your organisation will have to take seriously. They will need to look for ways in which they can adapt how you work or your hours, or change your work altogether so that you can work comfortably. If they don’t then it sounds like it might be disability discrimination, so you could take them to an employment tribunal.

If you go back to work within 6 months of giving birth or while you are still breastfeeding, your boss must carry out a risk assessment for you and consider ways of helping you. If your employer does not do this, then you may be able to take them to a tribunal for sex discrimination as well.
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I am due to go back to work next week but I want to go back part time. My boss has refused, saying I must work full time because after my last maternity leave I signed a letter saying that I would always work full time. I have 3 kids now, and need the time to care for them. Help!

Your boss sounds tough! He cannot use the letter as a reason to make you work full time. It may also be sex discrimination because more women than men are going to want to work part time because they have children.

Because you are due to go back to work soon, you don’t have the time to try and sort this out with your boss casually, so I suggest you put in a flexible working application. Use the form on the BIS website (see 'Links to other websites'). You will have to set out why you want to change your hours and show how any problems it might cause for your boss's business could be reduced. You boss will have to meet with you to discuss it within 28 days and should give you an answer in writing 2 weeks after that. The process may take up to 2 months so I would do this ASAP. Get legal advice whilst your application is being looked at.

If he turns you down, and if his reasons would disadvantage women generally, it might be sex discrimination. Good luck!
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I have gone back to work and have found that I have been given a much worse desk (in the storeroom, with no windows), and rather than my usual admin duties, I'm just being given photocopying and filing to do. Should I just put up with it?

It doesn't sound as if you have had much of a welcome back! This isn't just a bad way to treat you it might also be discrimination. If you are returning after six months or less of maternity leave then you have a right to return to the same job and duties that you had before you went on leave.

If you are took more than 6 months leave then, if they have not been able to keep your old job open, she must offer you another suitable job. A 'suitable job' would have the same (or better) pay and benefits, and the work should be of the same level.

Do you feel that your boss is trying to get you out of the way? Is someone else doing your job? You should write to your boss and complain about what has happened. Remind her exactly what you used to do, and where you used to sit. Tell her how things have changed since your return from leave. If you have no joy, then you should get legal advice. You might want to take it to an employment tribunal.

It is best to try and write a written complaint before you take your case to an employment tribunal as it may affect your compensation if you are successful. Look in your handbook or intranet, or speak to someone from HR about your work's procedure