HR/employment advice for wife currently on maternity leave.
Discussion
My wife is currently on maternity leave, and we are faced with an unusual situation presented by her employer, Hampshire County Council. We are seeking advice from a HR consultant, but wanted to see what Pistonheads had to say.
Bit of background:
My wife works as a teacher, and has been with the same school for the last circa 8 years. For the last 3, she has worked part time (60%, or 3 days per week, the days of which were proposed and agreed at the time by the Head- Wed, Thus, Fri). This working structure has remained ever since. She started the Sept school term on these dates, and then soon after commenced her maternity leave.
She made contact with the school 2 weeks ago to arrange a 'Keeping in touch' day, something which she didn't have to do, but wanted. The schools response (not the Head) skirted around this, informing her that they can deploy her at 60% of the week (over 5 days if they like- quite an attack) and that the current days don'[t work for them. They have not consulted with her in any way, other than an attacking email. We have other commitments namely childcare, which cannot change, and so they suggest they she MUST work the days the prescribe.
Its important to know that they would have known this far in advance, however they have sent the email at very short notice, as she returns to work in June.
We feel this is highly unreasonable given very short notice, no consultation (like their was previously), discriminatory given on maternity (if she wasn't on maternity they the working days would have remained the same) and the fact that my wife's initial email was the cause of theirs (if she hadn't requested keeping in touch dates, would they have ever informed her of their requirement to change dates)?
Its almost as though they don't want her back.
Does anyone have any advice?
Bit of background:
My wife works as a teacher, and has been with the same school for the last circa 8 years. For the last 3, she has worked part time (60%, or 3 days per week, the days of which were proposed and agreed at the time by the Head- Wed, Thus, Fri). This working structure has remained ever since. She started the Sept school term on these dates, and then soon after commenced her maternity leave.
She made contact with the school 2 weeks ago to arrange a 'Keeping in touch' day, something which she didn't have to do, but wanted. The schools response (not the Head) skirted around this, informing her that they can deploy her at 60% of the week (over 5 days if they like- quite an attack) and that the current days don'[t work for them. They have not consulted with her in any way, other than an attacking email. We have other commitments namely childcare, which cannot change, and so they suggest they she MUST work the days the prescribe.
Its important to know that they would have known this far in advance, however they have sent the email at very short notice, as she returns to work in June.
We feel this is highly unreasonable given very short notice, no consultation (like their was previously), discriminatory given on maternity (if she wasn't on maternity they the working days would have remained the same) and the fact that my wife's initial email was the cause of theirs (if she hadn't requested keeping in touch dates, would they have ever informed her of their requirement to change dates)?
Its almost as though they don't want her back.
Does anyone have any advice?
dundarach said:
What subject does she teach?
Yes they can change her hours, yes they could 'choose' to loose just her 60% for business reasons, if for example the 60% wasn't working for the curriculum model.
I'm assuming an academy school, rather than a maintained one?
Shes an English teacher in a secondary school.Yes they can change her hours, yes they could 'choose' to loose just her 60% for business reasons, if for example the 60% wasn't working for the curriculum model.
I'm assuming an academy school, rather than a maintained one?
It is a maintained one.
Is it right that they can change without consultation and at very short notice (I say that as this would have been known many months ago)?
ATG said:
Has she tried picking up the phone and speaking to her head of dept or the head of the school?
She hasn't. I quite agree that that's the only way to resolve, however surprised they haven't called her previously. The cold emails have both come from her head of department and dept head. They have explained in their cold emails that there is no room to negotiate.We either bend over and take it, push for some legal action (for which I haven't the energy) or find something else. They fail to recognise that our lives outside her current working pattern are largely set, and difficult to change to suit their request.
abph said:
dundarach said:
What subject does she teach?
Yes they can change her hours, yes they could 'choose' to loose just her 60% for business reasons, if for example the 60% wasn't working for the curriculum model.
I'm assuming an academy school, rather than a maintained one?
Shes an English teacher in a secondary school.Yes they can change her hours, yes they could 'choose' to loose just her 60% for business reasons, if for example the 60% wasn't working for the curriculum model.
I'm assuming an academy school, rather than a maintained one?
It is a maintained one.
Is it right that they can change without consultation and at very short notice (I say that as this would have been known many months ago)?
I highly doubt they'll stop teaching English, however what might have happened is that whilst she's been away they've employed a full time english cover and now want this in place??
I'd talk to the school first and the authority second if required.
Yes they would have to consult with all the english staff if they're making anyone redundant.
I suspect her contract states 60% of 1275hours as directed by the school, so yes, I expect they can change the days to suit the curriculum model very easily as this is a clear business model.
e.g. we need 10fte on Mon-Wed and 6fte Thurs Fri, therefore we're moving you to Mon-Tues etc.
Are they say they're changing the days, or making her redundant?
I'm guessing she doesn't have a copy of her actual contract?
I guess she's not job share, or has she ever been, has the job share gone?
edited to add - no this is the time of year to do next years curriculum model, after all they've only had confirmed admission numbers very recently.
I take it this is from September 22
You need to decouple the manner of the communication from the detail of what's being communicated.
In my experience, Public Sector institutions are more aware of the legal process surrounding HR than any private sector organisations and is highly unusual for them to ignore the application of proper procedure. It does happen but is rare.
How that information is conveyed is down to the vagaries of those employed to impart it but again, it would be wrong to use the word 'attacking' when referencing such communication.
All that aside, an employer can stipulate the days an employee works. If this is a substantive change to what has gone before then they are obligated to provide the time necessary to enable the employee to make arrangements to facilitate any change in work patterns.
A call to the Head should be the priority.
In my experience, Public Sector institutions are more aware of the legal process surrounding HR than any private sector organisations and is highly unusual for them to ignore the application of proper procedure. It does happen but is rare.
How that information is conveyed is down to the vagaries of those employed to impart it but again, it would be wrong to use the word 'attacking' when referencing such communication.
All that aside, an employer can stipulate the days an employee works. If this is a substantive change to what has gone before then they are obligated to provide the time necessary to enable the employee to make arrangements to facilitate any change in work patterns.
A call to the Head should be the priority.
abph said:
Shes an English teacher
Hope you don't mind me saying but may be worth her marking your original post dundarach said:
In that case I think the school will need to tread very carefully.
I highly doubt they'll stop teaching English, however what might have happened is that whilst she's been away they've employed a full time english cover and now want this in place??
I'd talk to the school first and the authority second if required.
Yes they would have to consult with all the english staff if they're making anyone redundant.
I suspect her contract states 60% of 1275hours as directed by the school, so yes, I expect they can change the days to suit the curriculum model very easily as this is a clear business model.
e.g. we need 10fte on Mon-Wed and 6fte Thurs Fri, therefore we're moving you to Mon-Tues etc.
Are they say they're changing the days, or making her redundant?
I'm guessing she doesn't have a copy of her actual contract?
I guess she's not job share, or has she ever been, has the job share gone?
Not stopped teaching English. They have employed a part time cover (who can only work set dates). They want my wife to work around this part time cover.I highly doubt they'll stop teaching English, however what might have happened is that whilst she's been away they've employed a full time english cover and now want this in place??
I'd talk to the school first and the authority second if required.
Yes they would have to consult with all the english staff if they're making anyone redundant.
I suspect her contract states 60% of 1275hours as directed by the school, so yes, I expect they can change the days to suit the curriculum model very easily as this is a clear business model.
e.g. we need 10fte on Mon-Wed and 6fte Thurs Fri, therefore we're moving you to Mon-Tues etc.
Are they say they're changing the days, or making her redundant?
I'm guessing she doesn't have a copy of her actual contract?
I guess she's not job share, or has she ever been, has the job share gone?
We will speak to the school once we are a little more informed.
They are not making her redundant. They have said the days are now X&Y.
I’ve not seen the contract; however sure it will say 60% as you suggest. The curriculum model/planning would have highlighted this requirement to change many months ago, instead they relied on an email my wife sent about a keeping in touch day, to they notify her of the change of days.
Changing days, no noises of making her redundant.
No copy to hand, but I’ve requested it.
Ah. Her previously 3 days a week aligned with a job share (she also did 3 days, they crossed over in the middle). Said person is now, or in the process of, going full time…
abph said:
dundarach said:
In that case I think the school will need to tread very carefully.
I highly doubt they'll stop teaching English, however what might have happened is that whilst she's been away they've employed a full time english cover and now want this in place??
I'd talk to the school first and the authority second if required.
Yes they would have to consult with all the english staff if they're making anyone redundant.
I suspect her contract states 60% of 1275hours as directed by the school, so yes, I expect they can change the days to suit the curriculum model very easily as this is a clear business model.
e.g. we need 10fte on Mon-Wed and 6fte Thurs Fri, therefore we're moving you to Mon-Tues etc.
Are they say they're changing the days, or making her redundant?
I'm guessing she doesn't have a copy of her actual contract?
I guess she's not job share, or has she ever been, has the job share gone?
Not stopped teaching English. They have employed a part time cover (who can only work set dates). They want my wife to work around this part time cover.I highly doubt they'll stop teaching English, however what might have happened is that whilst she's been away they've employed a full time english cover and now want this in place??
I'd talk to the school first and the authority second if required.
Yes they would have to consult with all the english staff if they're making anyone redundant.
I suspect her contract states 60% of 1275hours as directed by the school, so yes, I expect they can change the days to suit the curriculum model very easily as this is a clear business model.
e.g. we need 10fte on Mon-Wed and 6fte Thurs Fri, therefore we're moving you to Mon-Tues etc.
Are they say they're changing the days, or making her redundant?
I'm guessing she doesn't have a copy of her actual contract?
I guess she's not job share, or has she ever been, has the job share gone?
We will speak to the school once we are a little more informed.
They are not making her redundant. They have said the days are now X&Y.
I’ve not seen the contract; however sure it will say 60% as you suggest. The curriculum model/planning would have highlighted this requirement to change many months ago, instead they relied on an email my wife sent about a keeping in touch day, to they notify her of the change of days.
Changing days, no noises of making her redundant.
No copy to hand, but I’ve requested it.
Ah. Her previously 3 days a week aligned with a job share (she also did 3 days, they crossed over in the middle). Said person is now, or in the process of, going full time…
They will be doing the curriculum model now for September 22, I don't think their timings are off
The job share issue is a problem, as I understand it (very limited) if the job share is changing, it directly affects her role.
Was she given the opportunity to apply for the full time role, was it advertised, if so can she have a copy?
I think they're actually being pretty reasonable (in some ways), if the job share is not sustainable, they could have chosen to end her part of the job.
Next step - How was the full time job advertised? Did she have the opportunity to apply?
dundarach said:
You need to get some advice on this, as there's many things at play in here.
They will be doing the curriculum model now for September 22, I don't think their timings are off
The job share issue is a problem, as I understand it (very limited) if the job share is changing, it directly affects her role.
Was she given the opportunity to apply for the full time role, was it advertised, if so can she have a copy?
I think they're actually being pretty reasonable (in some ways), if the job share is not sustainable, they could have chosen to end her part of the job.
Next step - How was the full time job advertised? Did she have the opportunity to apply?
Thanks for your help dundarach!They will be doing the curriculum model now for September 22, I don't think their timings are off
The job share issue is a problem, as I understand it (very limited) if the job share is changing, it directly affects her role.
Was she given the opportunity to apply for the full time role, was it advertised, if so can she have a copy?
I think they're actually being pretty reasonable (in some ways), if the job share is not sustainable, they could have chosen to end her part of the job.
Next step - How was the full time job advertised? Did she have the opportunity to apply?
Maybe their timings are ok, but they would have known this would cause an issue, given she returns back to work in June. I get it that if her days no longer work, something needs to be done. I believe the job share (if that is whats its called) is fundamentally changing, and so the new job share is indeed the person they employed to cover- my wife needs to fit around them.
I don't believe she was given the opportunity. She only wants part time anyway. Unsure if it was advertised.
The stickler for me is that fact they have not phoned or explained they have an issue, rather now they are insisting she accommodates the change. I don't believe this is how people should treat one another, but then what do I know!
I think any balls that have been dropped will be around why the other half of her role was given the opportunity to go full time, without offering it to her. (unless say the other half is music, however they should still have advertised it)
The issue is, should your wife chuck a wobble, I suspect they'll simply let her go based on the fact the job share is no longer possible.
(whilst manufacturing evidence of the role being advertised or not suitable for her!!)
If the alternative days really aren't suitable, I think you've a fight on your hands as the job share ending is good reason not to keep her on.
I don't think they can take two people on job share and offer full time to one, without offering it to both and even then, I'm not sure they can do this without the other person agreeing.
If the other person had left, they could claim they found it difficult to recruit the other half and dismiss your wife, however with english, I'd need to see some good evidence they tried.
Your wife is in a good position to make a fuss if she really wants to.
Ring HR in the Council and ask for some guidance, the school will have a HR contact (assuming they use council HR).
It's sounds messy and that the school have not thought about the implications!
So in summary
60% eng (wife) 40% eng (Mrs X)
Mrs X now 100% eng?
The issue is, should your wife chuck a wobble, I suspect they'll simply let her go based on the fact the job share is no longer possible.
(whilst manufacturing evidence of the role being advertised or not suitable for her!!)
If the alternative days really aren't suitable, I think you've a fight on your hands as the job share ending is good reason not to keep her on.
I don't think they can take two people on job share and offer full time to one, without offering it to both and even then, I'm not sure they can do this without the other person agreeing.
If the other person had left, they could claim they found it difficult to recruit the other half and dismiss your wife, however with english, I'd need to see some good evidence they tried.
Your wife is in a good position to make a fuss if she really wants to.
Ring HR in the Council and ask for some guidance, the school will have a HR contact (assuming they use council HR).
It's sounds messy and that the school have not thought about the implications!
So in summary
60% eng (wife) 40% eng (Mrs X)
Mrs X now 100% eng?
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