Returning from maternity leave

[emma8485]

Hi I really could use some help with my situation.

 

Im employed by a large UK organisation as a Project Manager. I have a contract which says location - home based, and travel to national offices as required. I have worked there almost 6 years. Im currently on maternity leave and due to return to work in May. The main office I have to travel to is London and I live in the Midlands, they pay my expenses but a normal working office day is leaving home at 4.30am and getting home at 8.30pm - sometimes I stay overnight in which case I leave the hotel at the second day at 7am so both days Im in the office at 7.30am and leave about 4-5pm depending on meetings. I was placed under a new manager in Nov 12 and was pregnant at the time, I unfortunately had a very late loss of my baby in Jan 13, spent a month off sick, returned to work but was pregnant again within a few weeks. I only worked 1/2 days per week in the office during the majority of my time with the organisation until Dec 13 when I went on maternity leave.

 

I met with my manager today as we agreed we would discuss my return to work. He says his vision of me coming back is 2/3 days per week in the office, happy to pay my expenses and I can choose whether I commute daily (16 hr day) or stay over - I have a 3 month old,9 yr old and 15 yr old at home. The meeting has really upset me as I wasnt expecting what he said.

 

My query is whether they can insist I do this, or whether this is a change to my contract as I've not had to do it before? I said I thought the days required were excessive and were they accounting somewhere for the commuting time, as my contract is home based so I earn and clock up working hours as soon as i leave the house, but he said that they had previously been accomodating bcause of my two pregnancies and now that wouldnt happen because the business requirement is for me to be in the office much more.

 

In addition, when I first became pregnant and they allocated staff, I recieved an email telling me the other person in my role (theres two of us managing a team) would be managing all of the staff "because you are pregnant" - I argued this in writing and said I felt discriminated against so they changed it and I got 50% of the staff allocation - I lost my baby shortly after, and then last November a staff member under my management was off sick with depression and my manager decided to do her interview at home rather than me, and wrote in the confirmation letter "normally Emma would do this interview but as she is pregnant I will be visiting you" The reason was actually because she was in the London office, I was only in the office 1 day per week and she decided unilaterally that she would go, and didnt give me a choice.

 

I guess what I am asking is have I got grounds to ask for just 1/2 days per week in the office? And have they been behaving a bit badly with the constant references to my pregnancies? I think I can apply for flexible working, but I think I already have this by virtue of my contract.

And if they refuse then can I be in the position of looking for constructive dismissal?

 

Many thanks for any help - I feel very down about this.

Edited March 5, 2014 by emma8485
made a error

[emma8485]

corrected typos above

[Grotesque]

Your contract should state how any contractual rights are affected by either statutory or additional maternity leave.

 

Either way, you should not be treated unfavourably when you return , and this would include inconvenient shifts or financial downgrading. However, in this case, the Employer would most probably argue that they are making reasonable adjustments for you and indeed going to some expense in doing so.

 

Feel free to claim CD if you believe that your circumstances have become so difficult that you have no alternative than to leave as a direct result of the company's actions and also if you believe you can satisfy the tribunal of this. Which is phenomenally unlikely.