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Returning to work to uncertainty after Maternity Leave

Hi,

I am looking for some advice on the below situation, a long one sorry!

Thank you in advance for reading my post!

I am due to return to work on Monday 24th April following maternity leave.

My manager left the business a few months before my leave and I never did have a meeting to discuss my leave, holiday utilisation etc. I just confirmed the details of my leave to payroll to ensure I would get paid appropriately whilst off.

The company replaced my manager and 3.5 months into my leave I received a letter confirming my maternity leave. 

At this time I was asked about KIT days, I advised I would look at doing some after the 6 month mark but full days would be a struggle due to not having any childcare in place or family I could rely upon for full days.

I did say I was happy to assist remotely in the interim (already set up for remote work) and had previously discussed this with the HR Director. I was told KIT days are for coming into the office and to let her know if my circumstances change. 

After this I had no more contact with my manager or the HR Director - although I had been made aware that my manager was indirectly asking about my return and what my intentions were.

Fast forward to November 2022, a team member asked me if I was going to the Christmas meal... I obviously knew nothing about it.

After other team members expressing their disappointment at me not being invited, I was then asked to join the Christmas meal albeit by a team member, not my manager. I did attend and have to say was left feeling very disappointed.

My new manager did not take any time to speak to me, and when an introduction was given by another team member, she was dismissive. She also left before I could say anything. I was a little bit shocked and left the meal feeling very upset.

I did speak with the HR Director at the meal and said I would like to come into the office soon and he agreed that there had been lots of changes therefore it would be a good idea.

I arranged to go and meet him February. I was advised we would catch up for an hour first, and this would be followed by a meeting with my new manager. 

I had intended to discuss my experience at the meal with him and let him know how it made me feel. However on the day, I was left waiting 40 minutes as a Teams meeting overran, and had to go straight into the meeting with both of them.

By all accounts there had been A LOT of changes, to the Company, the HR team and apparently how we operate.

Prior to this meeting I submitted a flexible working request to reduce my number of hours and days, and to make remote / hybrid working contractual rather than relying on the company policy (which is very restrictive and request based - not a given).

For context I used to work 5 days per week, I have asked to reduce down to 4 days, and when on site, reduce my hours to meet nursery drop off / collection times. 

Although not a requirement, I did go into a great amount of detail in my request, explaining childcare constraints and financial implications. I also thought in great depth about how the impacts could be mitigated.

My request was also discussed at the meeting and I was advised that the Company is not currently performing as expected, they are looking to do a U-turn on flexible working, and that the HR team has changed since I have been off etc.

I was told boots on the ground are needed and it doesn't warrant much remote working if any. I was asked if I could complete normal hours in the office, and what my childcare arrangements are - all of which I had detailed in my request but I reiterated I could not.

I was told that they would look at the request and give it some serious consideration but at this time they weren't sure how it would work. They asked me to look at the request again and any alternatives. I told them I was open to suggestions from them, and was advised I would have a decision by 17th February. 

After the meeting it suddenly dawned upon me that noone had made any notes of our conversation and based upon my initial feel I thought it prudent to summarise our discussion in an email.

I also followed up with some questions which I had not thought of at the time, which would enable me to consider any alternatives. Most importantly, what is it about my initial request that is causing difficulty.

I did have a text exchange with the HR Director after the meeting as I had asked to speak to him alone, however based upon the meeting I decided now was probably not the time to raise the issues and I still haven't.

Since then I have not heard anything from them. The 17th February has obviously passed and I have chased the HR Director twice for any updates or answers to my questions with no response.

I am now in a position where I need to confirm my childcare arrangements with nursery which I obviously cannot do until I know what I will be working.

Flexible working request aside, I have had zero contact about my return and it is just over 6 weeks away now.

Not sure what my options are here? The request doesn't time out until my return (in hindsight I should have submitted this earlier). Working in the HR Department I do not really have an escalation route.

I am currently feeling like they do not want me to return and certainly not part time. I have applied for some other jobs just in case I am left in an unfortunate position. But I am left wondering is the lack of contact / response intentional? 

If you made it to the end - thank you!

1345 views
  • Hi Krystal

    Sounds potentially like unlawful discrimination to me ( detrimental treatment because you were on mat leave)

    Re flexible working request, it’s going to be difficult if not impossible for them legitimately to refuse it all.

    Re ‘escalation route’, any employee can of course raise a grievance, informal and / or formal. This option may be constrained by not wanting to sour working relationships, but hinting / alluding to that and even the discrimination angle if needs be might be possible for a start. If relationships do start to deteriorate anyway, you may need to choose between burning your boats re longer term employment with them and putting up with them for now, but maybe not there quite yet!
  • to add to David's reply, in terms of the FW request, they're obliged to deal with it (including any appeal) within 3 months from the date that you submitted the request, so if it looks like that 3 months is about to expire (or indeed if it already has) you may wish to diplomatically remind them of the statutory requirements for consideration of and response to FW requests. You do have an escalation route in that assuming your HRD reports to someone in the company, it's open to you to escalate this to them. This may be somewhat of a nuclear option given that working in HR, we know that it's always slightly controversial/annoying/frowned upon for people to escalate above their own senior manager's head, however, in the circumstances you describe, your HRD and manager sound as though they aren't even fulfilling their statutory obligations towards you, let alone your contractual ones (implied duty of mutual trust and confidence etc.....), so in that context, what's the worst that could happen should you choose to escalate (ie probably can't be worse than the uncertainty/limbo you're currently in).
  • Dear Krystal,

    It's clear that your HRD and new line manager are not doing brilliantly in their communications with you, and that's going to have a real impact on you in your situation. I remember how hard I found it returning from maternity leave, and how vulnerable it made me feel. Taking it in the most positive light, it sounds like there is a lot going on in the organisation - and that as very busy people they are juggling a lot of different matters, and are probably very keen to get you back. You haven't mentioned how your maternity leave has been covered, but I imagine that they want you back asap, as the experienced member of the team.

    At the same time, and this may be a misreading of your account, it sounds like your flexible working request was framed about why you needed the part time hours - rather than how it would work (better) in practice, and why a job that had previously needed 100% could be done at less than 80%. Without some practical adjustments, I can see them being concerned about the impact on the team, particularly if there are a lot of changes in the air (which inevitably add to the HR workload!). Are there other flexible arrangements that you could suggest - a job share for example - that wouldn't actually reduce the time available for the work?

    The 'boots on the ground' comment seems rather out of step with the way that work is conducted in many organisations now - but again, that's really specific to the business. I work in a school - so while technically a lot of my job could be done remotely, that would be practically difficult for the staff who have to be here in person, and who expect to be able to pop in and see someone. It's great if HR can lead a work-life-balance change for everyone - but very different if they are seen to be benefiting from systems that aren't available to anyone else.

    Finally - you said that you've chased the HRD twice for a response to your FWR. Have you also followed up with your new line manager? They are surely the one that has to make the decision, and it may be that the HRD is leaving it to them to respond. For your ongoing employment, this is an important working relationship for you to build - and while it sounds like you've made good efforts that haven't been met brilliantly so far, I'd encourage you to keep trying. Booking a time in for a coffee and to get to know them/their priorities would be a really good start - to get a better understanding of where they are coming from, and the issues they are trying to address.

    Good luck.

    Nina
  • In reply to David:

    Hi David,

    Thank you very much for your response.

    I certainly feel like I have been treated differently due to being on maternity leave.

    I have tried to keep this post concise but there are other instances which would probably further evidence unfair treatment. Such as whilst I have been off, a Junior HRBP has been recruited into the team which would have been something I would have applied to had I known / been given the opportunity.

    Information and indirect comments have also filtered back to me but I obviously cannot rely on Chinese whispers!

    In relation to my flexible working request I expected there to be some kind of exchange / tweaks to what I requested however it doesn't seem like the dialogue is open for this at the moment which is my frustration.

    I think I am going to raise an informal complaint first as you have suggested to make sure they are aware of my situation and my dissatisfaction with how I am being treated.

    Thanks again for your time.
  • In reply to Ann Simpson:

    Hi Ann,

    Thank you very much for taking the time to respond to my post!

    The 3 months will expire the week after I'm due back so we are certainly getting there!

    You are right, I could escalate to the MD however this would definitely be the nuclear option. I'm not sure after doing so I would be able to continue working there!

    I am going to raise an informal complaint firstly so they are explicitly aware of my situation and how their treatment of me is making me feel.

    Thanks again for your reply!
  • In reply to Krystal:

    Good luck Krystal - it sounds like an unsettling time, so I hope that they recognise this and take steps to listen to your concerns and address them so that when you return from maternity leave, your return is a positive one all round
  • In reply to Nina Waters:

    Hi Nina,

    Thank you very much for taking the time to respond to my post!

    I have tried to keep the post concise as not to go into war and peace but you have some very good points!

    There is definitely a lot going on in the organisation, and whilst I do appreciate that, I do feel this does not excuse the total lack of response to me, given I have been waiting since 17th February.

    My role was covered by via a FTC - however that person did work 4 days a week (80%) of the role. Unfortunately, due to how this person was treated within the department they have now resigned from the position and left the Company.

    I have expressed that I am open to any suggestions regarding my request, and how it could work better. However, without them advising where the pinch points are I'm not sure what I can suggest further at this stage. I did suggest I would be happy to consider an alternative role in the team (or wider business as a last resort) so that they could recruit someone additional to the team for my current role.

    The questions I have asked of them include a copy of my job description as they are suggesting my role has changed, this may help me better understand and think about how things could work.

    Completely appreciate your comments about work life balance - hybrid and remote working does take place in the organisation already, so it is something available to most office based roles. For context, one of my suggestions in my request was 3 days in the office, and 1 fixed day from home, albeit reduced hours.

    In all honesty I have not been in contact with my new line manager as I was advised the HRD was dealing with it. In the meeting I was advised that they would both look into it together and it would be the HRD coming back to me. You are absolutely right that it is important to build a relationship with my new line manager, however you are also correct that I am feeling particularly vulnerable at the moment, even more so after my treatment and exclusion whilst I have been on leave.

    Given my line managers role I would hope this would be acknowledged and therefore some kind of effort made on their part too. We obviously have a process for our line managers to follow when their team members are returning, and by now they would have contacted the individual or had some dialogue regarding the return.

    I will definitely consider reaching out to my line manager too.

    Thanks again for your response, I do appreciate your comments and the different views from the organisations side.
  • In reply to Krystal:

    Hi Krystal, it does sound like there is a lot going on which could range from the careless to deliberate in how you are being treated. But I will urge you to try to make contact with your new line manager even if only to get to know them. I'm going to share something that does not show me in a good light and I am mortified about still many years later....

    I started a new job as an interim covering for someone and on day 1 discovered I was responsible for managing a team of 13. As I was introduced to them all in that blur you get of names and faces I was introduced to "Annie" with the cheerful remark "she's just back from a year's maternity leave today"!

    In hindsight I should have spent MUCH more time with her, but I was so overwhelmed with getting to grips with everything (and to be honest, trying to remember who was who and what days the part-timers worked) that I probably inadvertently made her work life very miserable and stressful by making assumptions. She never breathed a word to me and I only found out third hand years later when she had moved on. I still regret my lack of action and empathy.

    All this to say, notwithstanding some real issues you may well be facing - reach out to your new manager and try to get to know them - they can do likewise and you may be able to help each other to find a way through everything.
  • In reply to Helen:

    Hi Helen,

    Thank you very much for taking the time to respond to my post, and for your total honesty!!!

    In hindsight maybe I could have reached out too, I guess based on not having very good experiences thus far it has made me reluctant to. That in amongst being wrapped up in motherhood!

    I will give it some thought this weekend and think how best to reach out.

    Thanks again for your time!
  • Hi Krystal,
    I am so sorry you are going through this. It is clear that this situation is affecting you deeply.
    I think you are underplaying the issue with not being given the opportunity to apply for the Junior HRBP role. Of all the unhelpful and unfair things they have done so far this is the most serious in my opinion (although I recognise that it is not the most pressing matter for you to worry about at this time).
    Looking from the outside I would say that this is perhaps not the best place to be employed and that a grievance covering all the occasions of maternity related discrimination/detrimental treatment they have subjected you to would be a good precursor to an ET claim once you have secured a better employer.
    I recognise that I am pressing the nuclear button in this response - it is grumpy Monday after all - but, as HR professionals, your HR Director and line manager really should be ashamed or at the very least see this as a learning opportunity.
    I also recognise that, having just had a baby and feeling vulnerable, now might not be the best time to advocate playing hardball.
    I really hope you find a satisfactory way through this.
  • Steve Bridger

    | 0 Posts

    Community Manager

    14 Mar, 2023 14:22

    Hi Krystal,

    I am so pleased that you came to our Community and that you are receiving such wisdom from colleagues above.

    We're with you.

  • Johanna

    | 0 Posts

    CIPD Staff

    14 Mar, 2023 15:41

    Hi Krystal, if you need any personal legal advice as a CIPD member you do have that option to use the helpline and speak to an expert in detail about your situation, www.cipd.co.uk/.../advice-support (for the personal and not organisational helpline, please scroll down and log in if necessary.)
  • Hi Krystal, you've got some great advice below and I cannot think of much more advice to give. I do applaud your bravery, persistence and openness in posting this hear. I echo the advice given below about your position and the options given, only you can make the right decision on what to do next.

    It maddens and saddens me that fellow HR professionals can't seem to do the fundamentals or basics brilliantly. We need to lead as we expect others to lead and this feels like even on a process level it falls short.

    We are not perfect and yes, busy work lives do mean we might not always get it right but maternity leave is not new, keeping in touch and involving people who are not in the office is not new and it sounds like your fellow team members are doing more to involve, engage and communicate than those who have paid responsibilities to do that.

    Good luck, I hope you find a working arrangement that works for you. As well as legal advice on your situation I'd heartily recommend a coach or mentor, independent from your company, to help you. Returning to work is a change and in these circumstances, additionally stressful, so I think you'd get a lot from having someone in your corner, championing and supporting you. All the best.
  • In reply to Deborah:

    Hi Deborah,

    Thank you for taking the time to respond to my post, I really appreciate it.

    I think it has dawned on me just this week how much my treatment is affecting me. I did contact Pregnant Then Screwed for some advice and in doing so a lot of emotions arose.

    It was actually saddening reflecting on my treatment right from the very beginning, and the situation I now find myself in.

    I decided on Monday I would reach out to both my line manager and the HR Director as a last ditch attempt. I did received a response from the HRD saying he was meant to call me last week regarding my request. He asked if I was free for a phone call however based on my treatment thus far I have requested a formal meeting and the right to be accompanied as per our policy. This meeting is due to take place tomorrow afternoon and I am lead to believe I will be receiving a decision during this meeting.

    My line manager did respond to my email but only to say to the HRD she would also be attending the meeting, not anything to me.

    I am not very hopeful about the outcome however I am trying to remain optimistic. Pending what happens tomorrow I will be seeking legal advice and looking to raise a grievance.

    Thanks again for taking the time out to respond to me.
  • In reply to Steve Bridger:

    Hi Steve,

    Thank you for your comment!

    I do feel very lucky to be a part of such a caring and knowledgeable community.

    Appreciate the support.