Part time - am I being treated less favourably?

(10 Posts)
chickenwire17 Mon 31-Jul-17 17:21:16

My colleague and I are both on a work-related course that was identified in our appraisals as one that we should both do (and that we both wanted to do). I work three days a week; she works full time.

We had to attend a training day, which was held on a day that I don't normally work, and I have now been told that I cannot claim the time back. I think the reason cited is because the course is for my 'personal development' and therefore should be done in my own time. The course is clearly, clearly work-related. My colleague attended it as part of her contracted hours.

This really doesn't seem very fair! Are there any employment specialists out there that can help me with this

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flowery Mon 31-Jul-17 17:42:05

Yes you are being treated less favourably. You both attended the course, but your colleague is being paid for attending it and you are not. There is a clear direct comparison to be made.

In order to be fair, you should either receive additional pay for those hours, or you should get time off in lieu.

chickenwire17 Mon 31-Jul-17 19:04:25

Thanks, flowery. I have had my request for time off in lieu rejected. I have put in another request, and will contact my union if my employer continues to be difficult.

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flowery Mon 31-Jul-17 19:22:33

Do. Either the course was work or it wasn't, and if they allowed your colleague to do it during working hours and be paid for it, and not make the time up elsewhere, they obviously consider it to be work so should do exactly the same for you, which means either TOIL or additional pay.

Paperclipmover Wed 02-Aug-17 14:29:41

The issue you could have is that the toil or pay wasn't identified before you went on the course.

Hopefully your union rep will sort it out this time, but now you know how your employer operates I'd settle facts in an email before hand.

"I'm on a training course on a day I don't usually work. I would like to use the TOIL on blah day\ I'm confirming that the hours will be added to my annual-leave entitlement "

Slimthistime Wed 02-Aug-17 14:34:27

Yes you are being treated unfavourably.

if the course had to be done "in your own time" then your colleague would have done an evening or weekend.

HuckfromScandal Wed 02-Aug-17 14:35:36

Contact your union.
Tell Hr you've contacted your union
This is direct discrimination

flowery Wed 02-Aug-17 14:59:03

"Contact your union.
Tell Hr you've contacted your union
This is direct discrimination"

Firstly, the OP gives no indication that she is in a union. Less than 25% of UK workers are.

Secondly, it is not direct discrimination. Part time staff aren't a protected category under the Equality Act. If there is any discrimination involved, it would possibly be indirect discrimination on the basis that if they have a blanket rule of part timers having to do courses outside working hours and not paying them for it, women are more likely to be affected by that than men, making it indirect discrimination.

In fact it is less favourable treatment on the grounds of being a part time worker, in breach of the Part Time Workers (Prevention of Less Favourable Treatment) Regulations, which do what they say on the tin.

lougle Wed 02-Aug-17 15:10:07

I think many employers think they are being reasonable when they say these things. I had a course which was awarded by interview and presentation, and was advertised as a 10 day course paid by employers, with course work and travel costs/time met by the employee. Part way through the course, a manager tried to tell me that as I was part time, I would only get 6 of the 10 days paid and would need to attend the other 4 days in my own time. I politely told her that it had not been mentioned at any stage during the application process and that I expected the full 10 days as advertised.

chickenwire17 Fri 11-Aug-17 18:18:57

I checked the policy, and TOIL is not claimable for my grade anyway!!!

I discussed the matter with my manager's manager, who allowed me to take a day back unofficially, so that the matter is resolved now anyway. But it does beg the question of how they would square it officially if I chose to take it further.
Yes, I am in a union.

OP’s posts: |

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