My wife works for a large retail business as store manager, a job which she has done for 10 years or so. Last year we had our first child and she took 10 months off work. When she returned her company allowed her to return to her role as a manager but on a part time basis, 4 days per week 40 hours (yes this is part time!)
She was told, as this was a special allowance she would be put on a probationary period for 3 months to monitor her performance.

She has now been back to work for about 6 weeks or so.
No performance measures were set, but she was pulled up about not hitting a specific measurement and let off with a warning, but her manager made reference to her being on probationary period.

Today she received an email addressed to all managers to attend a meeting next week, attendance in mandatory due to sufficient notice given, no excuses are acceptable. This particular day is not my wife’s working day, and as we are yet to have proper child care sorted until our child’s nursery opens in June out current child care arrangements don’t cover that day.
We’re basically not able to find anyone other than my dad, and im anxious to leave him lumbered for the day with a teething baby as he is in his late 60’s and not quite up to the task on his own.

It feels to my wife, and I, that she is being deliberately made to consider her position, in the hope of demoting herself, or not passing her probationary period, as her role is not beneficial to them. For what it’s worth she had been consistently running the top performing stores up until her maternity leave. Since been on maternity she has a new manager, and no rapport or history with this person to give her any backup.

I guess my question is, do you think she is being pressured out as it doesn’t fit there plans, is she being unfairly treated and has she a case here? We’re not in a position finacially for her to stick it and leave, this job pays well and she is unlikely to get a similar position part time in another retail outfit.

Sounds like your being shafted as part of a big corporate game to try and get your good lady out for some reason. Try not to let it stress you out too much.

Is this constructive dismissal? I don’t know, but from now on record everything.

from now on record everything.

This ^^^^

attendance in mandatory due to sufficient notice given, no excuses are acceptable.

Seems reasonable in a management job.

Your dad will love having the kid for the day. If he refuses there is still time to find someone to pay.

Could you take a days holiday to look after him/her while your wife attends the meeting?

OP,

It looks like the retail store is either:

1. Anticipating a drop in performance due to a child born. i.e. the assumption made by some envious jealous people in the store/branch that your wife will not work as hard as before.

2. Someone wants her position. Assuming the store is still doing well, I bet her new manager (her boss) want to have all the credits to him/herself after having found out it has been doing very well for sometime.

They are now trying to force her out by putting pressure on her directly or indirectly.

As some have said before try to gather all the evidence as much as possible and get them to write them down or via email. Then forward all emails to your personal email account immediately in case the company email is deleted in the event of tribunal.

Looks like there are some backstabbing low lives zombie maggots trying to hijack your wife position. She needs to watch her steps from now on.

We’re not in a position finacially for her to stick it and leave, this job pays well and she is unlikely to get a similar position part time in another retail outfit.

That’s the problem when some zombie maggot scumbags think they can simply get rid of others without knowing the hardship others will have to go through as a family.

😡

I presume that the hours change was put in place through ‘head office HR’?

Have seen it before where the manager goes ‘off reservation’ and starts finding ways to force someone out after HR made them accept something they didn’t want to (got that T-shirt!) – would tally with the ‘pulled up for something but let off with a warning’ rather than anything official.

I’d say that as discussed, keep notes, but your wife might consider contacting whoever she dealt with in HR to say that she’s having difficulty arranging childcare for this ‘mandatory’ meeting, and could they offer her any advice on how to deal with it…

Def keep a diary and email the manager recording the outcome of any conversation they have.
And actually, I would be looking elsewhere. It’s horrible working for a backstabbing boss even if you win any official battles…

So why would they want to get rid of her? I suspect you are simply being paranoid. In any case,last-minute meetings are part of the management burden.

Sounds to me like 2 separate things are happening, your wife got an informal dressing down for some reason (real or imagined) and all managers have been called to a meeting. The first one may or may not be reasonable, depending on the circumstances, but the second one sounds like standard practice to me.

Given that all managers are required to attend, is it possible your wife is reading too much into this, maybe feeling a bit insecure as a result of the talk with her manager? Bear in mind if the company didn’t want her back part-time they could have just said no – they are obliged to consider a request for flexible working but well within their rights to refuse it.

Chewkw is almost certainly wrong. It is unlikely this is anything as ‘honourable’ and tangible as a personal thing against your other half within her immediate colleagues. What this is more likely to be is an amorphous feeling within senior management of the company that maternity and working mothers are actually a ‘problem’. All large employers spout bullshit about being equal opportunities employers and the like, but many don’t actually believe in it in a real way. Plenty just pay lip service to it to avoid being in the newspapers whilst subtly making life difficult for the individuals they believe to be the ‘problem’.

Don’t rely on HR. In my experience they will be in the pocket of senior management. In large companies ‘HR’ are more about legitimising contentious decisions by senior management than representing employees. Some of the most two-faced people I have ever met have made careers out of ‘listening to’ employees then shopping them to senior managers at the first opportunity.

Record everything. If they are going to try to ‘performance manage’ her out of a job, then good documentary evidence is vital. Let them know you are documenting everything, this may be enough for them to realise you are not a pushover and they may move on to someone else. If it comes down to a ‘meeting’ make sure it is not at short notice and you can get someone independent in there with her. Not necessarily an expert, but someone who has their head screwed on and no vested interest in the company. The words ‘constructive dismissal’ have been known to work wonders in these situations. Quite often the company will be looking to get rid of employees on the QT, they will try to separate a few weak ones from the herd.

What HR will not want, under any circumstances, is a fuss. Cause one if necessary.

dannyh – Member

What this is more likely to be is an amorphous feeling within senior management of the company that maternity and working mothers are actually a ‘problem’.

I excluded this point by assuming the immediate store problem but yes senior management does not like people going off for maternity leave or becoming mother.

No worries there, it is alway more likely to be the ones who don’t have to look you in the eye who are looking to knife you in the back!

I suspect you’re being a bit paranoid too. Why does your father have to have your child, you could take a holiday day, or have a bad bout of food poisoning that day or a headache or your car won’t start or a really embarrassing condition that you’d rather not mention over the phone.

The 2 things could be unrelated but for the first one

She was told, as this was a special allowance she would be put on a probationary period for 3 months to monitor her performance.

She has now been back to work for about 6 weeks or so.
No performance measures were set, but she was pulled up about not hitting a specific measurement and let off with a warning, but her manager made reference to her being on probationary period.
Send a request in writing to the line manager requesting a meeting asap t define the performance measures and address anything not going to plan. Simple stating that if you don’t know what the measures are how can you know if your achieving them.

Meetings on days off are just one of those things as there could be other people off that week. It could also be management trying to be a dick and make sure she knows that she should just be grateful for a job and that the flexibility is not going to continue.

as with anything record it all, copy emails and make sure when requesting things there is a written record.

If there is anything disciplinary happening ask for HR to attend.

It will not be deemed constructive dismissal if she resigns.

It will not be deemed constructive dismissal if she resigns.

You do know what ‘constructive dismissal’ means, don’t you?

Can’t help feeling you’re reading a little too much in to this

Getting all the managers in one place must be at best inconvenient for the company and would be a terribly inefficient way just to inconvenience your wife

Also, not saying your wife shouldn’t stand up for herself but if she is on shaky ground with her new boss then going in guns blazing isn’t going to do her any favours

I’d at least sit tight until after the meeting, it might be good news but it might be something that gives you a more tangible problem

If she has returned to her previous role, ie same job title/description, there is no probationary period – she already had that when she first took that position.

As far as the management meeting is concerned, if this is the entire management team then it is a reasonable request and you should endeavour to accommodate it. If you definitely can’t then they have to show compassion.

For what it is worth, I have been in hospitality for 12 years with companies big and small, where front line management haven’t a clue about HR. My last job we had a management meeting every Monday at 3pm, so someone would have to come in on their day off and sometimes we wouldn’t have full attendance due to prior commitments. There was always cake, so no-one minded.

+1

It’s a management meeting, the perp who sent out the EMail probably didn’t think (or care) about part-time workers. Doesn’t sound like your wife is being targeted for anything.

Thanks for the replies, some good information here to talk over with my wife.

I’m sure that we probably are being a little paranoid, but when family financies are at stake, it’s hard not to.

I’m looking into taking a holiday myself, but being last minute it could be an issue for me. I’m also aware that with a management position must come some flexibility but also there must be some understanding that my wife also has responsibilities as a mother. Arranging chilcare with a person who we have never yet met, with just a few days notice is not really what I would want to do.

This won’t be a problem in a months time when the nursery she is enrolled in actually opens as we could swap days easily.

Get a baby sitter to come and give your dad a hand?

😯

…with the child

It will not only be deemed constructive dismissal if she resigns

FTFY

+1 for Wallop, record everything.

It looks like your wife has two problems here.

1. Being asked to attend a meeting on here day off without adequate notice to arrange childcare.

Can she not explain her position to her manager/meeting organiser, while making it clear she is being asked to come in on her day off and if she can dial in to the meeting via phone/Skype/other? If you really cannot arrange childcare then ask if she can bring the baby in. This will show she is serious about the childcare issue and not taking the mickey. It also shows willingness to be flexible.

2. This is a longer term one. It sounds like either her performance has suffered – in which case she should ask for a quantifiable measurement she can use to gauge it – or they are trying to manage her out of a job. This is tricky, and I would seek legal advice regarding my options.

Personally, I would not have agreed to a probationary period. I would try and find out the legality of it. Maternity leave is standard practice. Being put on probation once you’re back is one I have never heard of.

For your sake, I hope these things get sorted out. Having to worry about finances is not a fun problem to have. Be the clear head in this situation and don’t do anything rash. Good luck.

And actually, I would be looking elsewhere. It’s horrible working for a backstabbing boss even if you win any official battles..

completely agree, start looking now..

I’m also aware that with a management position must come some flexibility but also there must be some understanding that my wife also has responsibilities as a mother

Not really, otherwise they’d have to try and fit in with everyone who is invited to the meeting.

Just perhaps senior management want to tell their managers about restructuring, job loses ,store closures, or a take over bid, or even failure of the comapny.

So many nergatives to think about, and such a disapointment if you dont attend and get everything second hand.

I’m sure your Dad can manage has he had kids of his own or is the first baby he’s ever met?

Is the ‘probationary period’ only to do with seeing if the part-time hours is working? Perhaps what they are hoping for is for that not to work out so they can do the mandatory thing after maternity, which is to offer only the exact position and hours she was doing before having the baby. They will then hope that this is not achievable for you two, thus forcing her to leave and achieve a headcount saving by proxy. Unfortunately you will struggle if this is the exact set of circumstances you face.

This happens countless times, the company can say they tried to accommodate your new circumstances, but it didn’t work out. They will then say that your partner was offered the original role and hours back, but chose to leave.

This is a classic weasly HR tactic in large companies.

No HR employee in any company ever got anywhere by championing the lower levels against senior management. It just doesn’t happen. The best you can expect of them is that they are sticklers for the rules and are trying to avoid expensive repercussions for the company. If they are proper bastards you may find they are ‘talking to’ your partner and other staff, then immediately getting together with senior management to work out the easiest way to ease someone out.

Your partner needs to let them know that everything is being documented by her, emails are being forwarded to a private email address and that this is not going to be easy for them. You may find they move onto some other poor sod pretty quick.

Remember, never trust HR.

Take a look at maternityaction.org.uk in the section discrimination, and also look at the equality act.

The employer is playing close to the line in my lay opinion and it is not common practice to enter a new probationary period post maternity leave, but the employer did offer a concession in way of the same job/role on a part time basis. It legally need not have done so, or at least that is my understanding. Reading between the lines I suspect they wanted/want a full time manager, the inclusion of a probationary period, gave them the wriggle room, within the new contract. You will need to take proper legal advice as to whether this constitutes discrimination under the equality act.

As others have said re the mandatory meeting, I think too much is being read into it, but it it not clear whether it is a store/area/regional managers meeting etc. IMO this has relevance, as would the number of managers in the store.

This sounds like the start of a sexual discrimination case (probationary period after maternity leave? I believe your wife should return to her previous role).

Classifying her as a ‘part-time’ worker (even though she attends a full working week) is a classic way of eliminating her employment rights prior to dismissal. Check what her defined hours were in her contract prior to maternity leave.

In addition to getting everything recorded, insist on SMART objectives (yes, I hate the term too, but they ensure everyone knows who’s doing what) – Specific, Measurable, Achievable, Relevant, Timebound, not some vague nonsense that can be manipulated.

Your wife could also suggest monthly 1-2-1 meetings with her manager; recording the content and actions of these will make it more difficult for the company to take disciplinary action, as your wife (& HR) will have evidence of her ongoing performance reviews, which provides ample opportunity for on-going fine-tuning of her objectives.

Your wife must also discuss the matter with a union, irrespective of her ‘managerial status’ (i.e. shop worker with lots of unpaid overtime?). USDAW are probably her representative one. They’ll have solicitors with far more experience of dealing with these matters than any of us on STW, but they may only represent her (as part of her union membership benefits) if she is a member before she leaves – best to check.

Then approach HR.

Good luck.

Employers don’t have to be family-friendly. You have a right to ask to work flexibly, you don’t have a right to work flexibly. Your employer can allow you to work flexibly for a trial period before making a decision. I’m guessing that this is what’s going on in your wife’s case and what is on probation is the flexible working arrangement, not your wife. If the trial is unsuccessful, the employer can insist on a return to the original ‘non flexible’ situation. That being the case, if I were in your wife’s situation I’d be doing everything I could to make the trial a success, even if that means working ‘extra’ hours to make sure that targets are met and meetings attended. If the flexible arrangements are made permanent, her contract will be altered accordingly and she’ll be in a stronger position to ask to attend meetings by webex etc.