Redundancy Due to Part Time Hours

[Lovestosing]

I have been working for my employers for over two years. The hours are great, I work 20 hours per week during school hours on a term time contract. I was the only person who did my job and I was pretty much left to get on with it, however for the past 12 months I have been inundated with work and so they decided they needed someone to manage the work and to possibly get someone else in to work full time alongside me. Some of my duties would change too as they were essentially forming a new department. I was asked if I was going to apply for the role of Manager but I declined as they wanted someone to work full time and on a 52 week contract which is not what I want at all.

Several months ago my new manager started. Last week she told me after reviewing the resourcing needs of the department she has decided that a part time person will not work, and a job share wouldn't work either. I have to work full time or be made redundant. I have looked into working full time but as I have 3 young children the cost of putting them into wrap around care would pretty much wipe out my earnings so there would be no point in working, and anyway I just don't want to work full time. I can't help but feel this could be classed as constructive dismissal but I have no idea if I have any rights at all. I guess I'd just like some advice as to how I should proceed.

[concertplayer]

Constructive dismissal is hard to prove.
Are you the member of a Union? If so consult asap.
As you have been there for 2 years you could theoretically bring a claim
for Unfair Dismissal . You would also be entitled to redundancy pay but not much after only 2 years.
Is there anywhere else in the organisation you could work?
In theory they should have tried to find another suitable post for you before considering redundancy.
I think you should post again on the Employment Issues section as there
will be better advice there for you

[lougle]

Why do you think it is constructive dismissal? The manager would have to demonstrate the business need for full time working, but sadly, the next step would be to terminate your employment and offer you the full time contract, which you would be free to accept or decline.

[Lovestosing]

I knew there was something brewing and her behaviour in the weeks leading up to it made me suspicious of her, I suppose I'm not convinced by her reasons for me not being able to continue working my normal hours.

[Lovestosing]

Sorry I should have said they have apparently looked at everything and there is no other position for me. I'm not a member of a union.

[MummyBex1985]

I rather doubt that the situation you describe is a redundancy situation. The statutory definition is a reduced need for employees to do work of a particular kind, and here they need to increase it.

Basically they could make you redundant but that would be unfair. They could dismiss you for "some other substantial reason" but they'd have to demonstrate they had explored other options first, such as job sharing, and show why the business need required full time working.

Alternatively they could ask you to work full time and impose it upon you if you refuse. You'd then be in constructive dismissal territory.

[Lovestosing]

They want to employ two full time people instead of one full time and me. Apparently they only need full time people for "continuity purposes" so as I have said I can't work full time I am being made redundant in a month's time.

[lougle]

I think the redundancy would be used because the part time job didn't exist any more. It's been replaced by a full time one.

[lougle]

The difference is 982 hours per year. It's quite substantial. Your 20 hour contract, term time only, vs 37.5 hours per week, all year around.

[megletthesecond]

Marking my place as I suspect the same thing may be on the cards for me.

[NapoleonsNose]

This happened to me when DD was around 1 and I was expecting DS. As a caveat, it was about 17 years ago and things may have changed since then. But, I took my employer to a tribunal, citing indirect sex discrimination and got an out of court settlement. ACAS were involved and their advice was that my case was quite shaky, but it went in my favour that I was pregnant and they had given NO notice of the change - told on a Wednesday, expected to start f/t the following week. If I'd gone to court I think I'd have lost tbh. Definitely worth getting some advice OP. Do you have legal cpver with any insurances at all? If so, give them a call.

[IceMaiden73]

Call ACAS, that's what they are there for, though I suspect your employers can do this if it is for business reasons. It would also be extremely hard to job share, as you would need to find someone to do all the school holidays too

[PrivateFrazer]

They can do this as it comes under the needs of the business
I'd start looking for something else