MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
My wife is returning to work on 1st december as a teacher. She is going back 4 days a week, and as of last week it was agreed that Tuesday would be her day off. Then last week it changed to a Friday, and now it has changed to a Wednesday, leaving us without childcare on a tuesday, as our child-minder is full that day.
Is there any legal requirement for the employer to give written notice in advance of the day off to be taken, and can they change this as they please? I'm guessing there's not much we can do, but any advise would be appreciated
Has she had any written confirmation of her change in hours & working days, as in the NHS a change like this requires 28 days notice. Might depend upon what has been written in her contract.
she's had a written confirmation of change to working hours (going down to a four day week), but the actual day she would be taking off was not specifically mentioned in the letter
It all depends on what the agreement was. is it part time 4 days out of 5? Part time hours as needed? Part time mon. wed . thur & fri?
Was any of this in writing?
One for the union
Edit - crossed posts. If the specific day was not mentioned then perhaps her case is weaker. However check up on family friendly policies and carers leave policies. If she has arranged childcare on the understanding tuesday would be her day off then to change that is perhpas unreasonable.
Not clear cut IMO
TJ, no definitely not clear cut, I'll get her to speak to her union, but we may have to get a second childminder for one day, which really isn't ideal
My understanding in schools, is that if you're a full timer prior to maternity, you remain so, and have and agreed return date. You return on the date, or you give notice in advance of varying the date. The request to vary hours work isn't related to maternity per se, since anyone can make the request at any time. That request would normally contain the proposal of hours to be worked, which would either be agreed or not by the school. The school wouldn't expect to have the right to chop and change beyond this without appropriate notice in writing after agreeing previously times and days which suited both parties. Not getting the day specified earlier seems to be the trouble, and it should have been in the initial request.
my take on maternity law is that I employee can request to return as part time, and this must be allowed by the employer if feasable, however if the part time hours are unworkable they can refuse the part time hours, the actual 'layout' of hours is down to the discretion of both employer and employee based on what is able to work for both parties, so if the school needs the D/O to be wed then you are probably stuck with it, but they must 'show' that they have made all reasonable efforts to provide the cover staff onm the times you would prefer to be off.
cheers all, tbh the school has treated her quite shoddily a number of times now. time for a change I think.
Union job - if she's NUT or NASUWT they are usually very very good.
time for a change I think.
she will have to return for the eqivalent of 13 weeks full time or else the employer can legitimately seek to recover the 50% element of maternity pay she recieved (usually paid for 12 weeks).
contact union - school's actions probably not unlawful as such, however I would suggest that she needs to get passed the head and have the matter detirmined by Governiny Body (if it can't be resolved amicably with Head). Although I believe many teachers aren't keen to 'take on' the head - even though the head is clearly being crap.
Got any links about that 13 week rule?
cant she just phone up and chat things through with the person doing hte timetable and agree the day that way?
thats what the missus did in the same situation.
Got any links about that 13 week rule?
it is in the 'Burgundy Book'. Not 100% sure where it is online - if you want me to send the details to you PM me and I'll e-mail back on Tuesday (when I am next in my office).