Advise on returning to work after maternity

[Greebo]

right so in summary there are 2 issues - is the disciplinary thing a hearing in front of a panel - i'm assuming they must have classed it as gross misconduct which is why she fears the sack yes? or is it a written warning? unless she's already had her final warning then she can't be sacked unless it is gross misconduct (if i understand it right)

unless she is being sacked (which is her own stupid fault really) then it can't influence the maternity thing and hours. i thought from a maternity leave point of view that the company had to make every effort to accomodate the return to work. it would appear that they haven't so if they sack her then they could be in a bit of trouble.

i'd tell her not to give up on the maternity thing, apologise for the facebook thing saying it was motherly hormones/moment of madness/baby had been up all night and not well etc, keep the job then wait until they sack her for not doing the hours then head to an industrial tribunial.

As far as the maternity goes, you have no right to ask for a change of hours. Your employer is only obliged to keep your job under the same terms.

However, since you have a child under 6, you are entitled to apply for flexible working which you employer must consider and there are only 6 acceptable excuses for an Employer to turn you down if they want it to hold up in a tribunal later.

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10037051

However you must:

1.be an employee, but not an agency worker or in the armed forces
2.have worked for your employer for 26 weeks' continuously before applying
3.not have made another application to work flexibly under the right during the past 12 months

But you must fill out a written application and do it properly as follows:

1.be made well in advance of when you want it to take effect
2.be in writing (whether on paper or electronically)
3.be dated
4.state that the application is made under the statutory right to request a flexible working pattern
5.give details of the flexible working pattern you are applying for, including the date from which you want it to start
6. explain what effect you believe the new working pattern would have on your employer, and how any effects might be dealt with
7. state whether you have made a previous application and, if so, when

The more notice you give your employer, the more likely they will be able to implement the change when you want it. The statutory process can take up to 14 weeks or longer where a problem arises.

So your other half hasn't followed the correct procedures for that yet. Also note that if it's not immediately agreeable by the Employer (which it obviously isn't in this case) then the whole process can take 14 weeks. She would need to do her old 30 hour job for these 14 weeks while the process went through but I guess she is too late for that and close to returning to work.

I'm not sure if she could extend her maternity but unless she plays be the rules she is unlikely to win her flexi working as she should have applied at least 14 weeks before retuning to work.

If she applied properly, I doubt the employer would have a leg to stand on but would obviously draw it out for the maximum 14 weeks to make your gf's life as hard as possible and probably end up with her leaving anyway due her not turning up for 30 hours a week.

As for the facebook thing, yes she will lose her disciplinary unless they make a pig's ear of it. Outcome? It may not be serious enough to warrant dismissal, maybe a written warning or final written warning. Depends on who's seen it, who's complained, what your gf does for a living, what the profile of the company is etc. Too many variables to say for sure. Also some companies specifically write extra things into the contract which then fals within "gross misconduct"

Best thing to do is contact ACAS for a full run down of her situation.

 

[Bar]

Couple of parts come into play on this.

1) employment contract - the vast majority of contracts will have standard statements about being negative about the company.

2) Libel / Slander - making comments about another person or party can fall into the laws of libel and slander. If you make a remark and it is a false remark the person / party you have made the remark against can sue you.

Slander is a hard one as that is something you say. Unless it is recorded it is quite hard to prove it. Libel is dead easy and even easier on the internet where everything is logged and tracked.

You have the freedom to say whatever you want, you also have the duty to accept the consequences of your actions.

The above is not specifically to the OP who I do sympathise with, but to anyone who thinks that what they say on the internet is private. Its published and viewable.