AIBU to think my company can’t just let me go because they want my part time role to be full time

[IAmADancer]

Joined the company 9 months ago. I did 3 months temp to perm and then went perm in august. Had a review and end of probation in November. All was fine and signed off. Good positive review

Last week my job share handed in her notice. I do Mon/Tues and she does Weds-Fri. Today my boss takes me in a meeting room and tells me that my job is basically ended as they have decided they want it to be full time. I’m not being sacked as I haven’t done anything wrong, they just want full time instead of part time.

I emailed HR to clarify exactly what was happening as I’m assuming I’m being made redundant but from a legal perspective I didn’t think they could do this. HR had no knowledge of me being told my job was ending.

I’m so confused as to where I stand legally. Do I have grounds for constructive dismissal? I’m just really unsure as to what my rights are

Unfortunately, I think they are within their rights to let you go at pretty much any time within the first two years

Sadly no - you've been there less than 2 years so they can sack you at any time, for any reason - unless you feel you've been discriminated against for having any of the protected characteristics?

A probation period has no weight in law either, its a red herring.

Doesn't sound right to me. Surely they should be advertising for another part time worker to job share with you?

However I think you have limited rights if you have been with the company for less than 2 years. ACAS may be able to advise?

My understanding is that in the first two years you are pretty stuffed. Unless you want to go full time...

They can sack you for any (non-discriminatory) reason really , as you’ve not been there 2 years yet.

Definitely ask for clarification - are you redundant, or being dismissed? But you have very few right here and should start looking for another job!

Did they at least offer you the role full time? Unfortunately though, as others have said there are few protections if you have been there less than 2 years.

You could check if they have followed correct company procedure though.

But I’m not being ‘sacked’ as I haven’t done anything wrong. I’m out of my probationary period, I had my review last week. You can’t just sack someone for no reason. My boss said I could work there until I find another job!
Basically they are making me redundant but you can’t make someone redundant for being part time and wanting full time, it’s illegal.

They can make you redundant if they want to change the role in some way that you are unable to meet (e.g. change of hours/location). In any case you have very few rights in the first 2 years.

Have they offered you the full time job and you have rejected it?

I think they are well within their rights

I have emailed HR to clarify but they had no idea that my boss had done it

You can’t just sack someone for no reason

Yes, you can. In the first 2 years, you have literally no rights. (Except for protection from discrimination, but thats very difficult to prove)

OP its not illegal.if they are reatfucting, and your job will no longer exist as it is then it sounds more like redundancy

You're being made redundant, not sacked.

The role no longer exits as a part time role. You'd be able to apply for the full time role if you want to, but your 2 day a week job isn't working for the business, and the role has become redundant.

Unfortunately unless you've been there 2 years you don't really have any rights regarding being let go.

They're not sacking you or making you redundant, but if your part time job will no longer exist they can either allow you to apply for the FT role or release you without prejudice. It's not illegal.

In the first two years, they can indeed sack you for no reason. They’ll probably describe it as redundancy on your dismissal letter. Did they offer you the full time hours?

They haven’t offered me the full time role as they know I can’t do it. I have pre school kids and only have childcare three days a week

...actually that's not strictly true, you do have rights, but you are unable to take the case to a tribunal during th first 2 years, so you have no way to enforce those rights.

Amounts to the same thing though.

Wow, it’s just so easy for companies to screw you over.

isn't discrimination against part time workers indirect sex discrimination, as p/t workers are more likely to be women with caring responsibilities? I would get advice from ACAS

It’s is so depressing after working so hard and last week being gone this fantastic review to now being told, sorry you have no job. And right before Christmas.

They could dismiss you under the 'Some other substantial reason' process.

@madamebutterface

On the gov website if you are made redundant because you are part time and they want full time it is listed as discriminatory

You're not 'being sacked', but they can terminate your contract at any time in your first two years with no repercussions for them unless for a reason covered by one of the protected characteristics (age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity).

So unfortunately, even though you've done nothing wrong, even though you've passed your probation period and been confirmed in post, yes they can let you go.

If you had been there longer they would have had to go down the redundancy route, but due to you being there under two years It's not necessary.

I know it's not what you want to hear, sorry.

@wibblywobblyfish

What process is that?

Oh well, looks like I have no recourse then