AIBU or is line manager being difficult?

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Genuine question - recently returned to work after 12 months off for a long term health issue (was off with same problem for a similar amount of time 3 years ago). Have been on permanent reduced hours for 3 years and in a job share. Manager raised two issues in a fairly passive/aggressive manner today.

1. other half of my job share is leaving so I can either accept the extra hours back or it goes out to advert. If it is not filled...they can advertise the whole job (i.e. I lose my job). Can they do this?? Seems unfair when Occupational Health recommended I reduce my hours (my difficulties fall under the DDA act).

2)Part of my role is to train more junior staff/students - manager has told me I will need to do this by facilitating 2 full days at work for an 8 week period (I normally work half days to manage my health condition - I do however work full days as a one off if needed and am totally flexible and regularly change my days around or switch mornings and afternoons so enable me to attend meetings or see patients when it suits theme etc.

I gave alternative solutions but was batted down straight away with 'that won't work'. Feels like she is trying to get rid of me... other colleagues have taken early retirement in the past as her behaviour feels quite controlling and small things are made more difficult. I understand having staff off sick long periods at a time is a disaster but I genuinely do my best at all times and am a dedicated health service worker... I have been unfortunate to be unwell myself and just feel I am being treated very unfairly..I am wrong??

Hi Op, I'm sorry but it sounds to me like she feels you're a pain to manage and she maybe wants you out so I'd tread very carefully. Could you give some context on the organisation you work for - is it large with HR departments and occupational health etc or a smaller operation?

Sounds like they are trying to get rid of you. It sounds wrong that they would be able to to get rid of your job by advertising it full time, but I'm no expert. Do you have a union you could ask? or a legal helpline?

Are you in a union? If so, I would seek their advice in the first instance.

Hopefully, they can advise and support you.

Get as much in writing as you can.

How long have you worked there? It sounds like a number of years, so they can't just get rid of you without due process. They could make you redundant but obviously you would get a payout of some sort.

Make sure you get everything in writing, for example, the compromise options you have put forward.

so I can either accept the extra hours back or it goes out to advert. If it is not filled...they can advertise the whole job (i.e. I lose my job).

Yes they can. You have been given the choice, there's a role that needs to be filled, nothing unreasonable here.

To be honest, I would be very surprised if they didn't find anyone. People are fighting to get part-time jobs, there are relatively not many around, so I can't see how they would be short of candidates.

Thanks for all the replies - I have worked there over 10 years. It is a very specialist role so probably not that many people qualified to do it. Also it is in a geographical location that finds it hard to recruit generally (e.g. they could never find someone to cover my maternity leave etc). You would wonder why she doesn't want to keep me instead of making my life difficult and putting my anxiety through the roof lol!

I am in the Union so think I should start there and you are all right...get it all in writing.

Good luck OP and focus on the Equality Act which has overtaken virtually all of the DDA.

Morondela: I'm pretty sure they can't get rid of the OP's job and tell her she has to work full time or they will sack her and advertise a full time role. You can't make someone redundant because there's more work!

MorondelaFrontera - Yes they can. You have been given the choice, there's a role that needs to be filled, nothing unreasonable here

Do you not think it is unreasonable if you have an illness that is covered by the disability discrimination act. Also Occupational Health Doc reduced my hours as a method of allowing me to return to work. My disability hasn't magically disappeared so I 'm not sure why it is reasonable for me to have to return to work fulltime or face losing my job.

Thanks DorisDances I did not know that.

Firstly, what does your contract say?

What size of company/organisation do you work in?

I'm really fairly sure that they can't make you switch back to full time if they've agreed a flexible working request as part time:

www.xperthr.co.uk/faq/can-an-employer-withdraw-from-a-flexible-working-agreement-if-the-arrangements-are-no-longer-in-its-interests/88175/

Will have a look and see if I can find anything on ACAS. (Also worth giving them a ring I'd imagine.)

Your disability hasn't disappeared but neither has the role which needs 1 full time or 2 part time people to fill it. They have to try and find a job share for you but, if they can't, they can make you redundant and advertise for a full time person.

Thank you Nacreous. I work for a large NHS Trust and have been well supported by Occupational Health etc. I changed my contract at the time I reduced my hours and entered into a job share (recommended by Occ Heath) and had to sign a document stating I understood how it would effect my pension rights etc... so it was a permanent solution I thought..

Take specialist advice, I think there is an employment section on here.

It will depend on your contract. I have just put in place, through my HR department a similar contract to establish from the start clear expectations in a job share situation.

Two PT staff members employed to one full time role - if one leaves:

1. the remaining staff member will be offered the full time role ( and then if that person doesn't want it)
2. the part time job will be advertised
3. if it is advertised a reasonable number of times ( twice was agreed) and we can't find a suitable person the full time post will be advertised.

This is necessary to,protect the employer ( in this case school) from not being able to find a suitable employee because the field has been narrowed by the part time hours.

I'm not sure though how your disability protects.

Or rather, they can make your part time role redundant if they can show they need a full time position. They couldn't make you redundant then take on someone else part time.

Given that it is 3 years since your return on reduced hours you need to familiarise yourself with custom and practice

A custom and practice is essentially a practice that has developed over a period of time or by arrangement that has never been specifically agreed between the employer and the employee but can be argued to have formed part of the terms and conditions of employment.

Finally the fact that you’ve had a know disability for 3 years places you in the Protected Characteristic category.

Go and see HR. Your manager is skating on thin ice from an HR risk perspective,

This is not a normal flexible working issue or normal restructuring scenario.

OP you would absolutely be protected due to your disability and should seek advice from your union in the first instance.

Thanks AnyaEd - this sounds familiar to how Job Shares work in the NHS. I think I need to find out how I am protected in terms of Disability. It is not that I do not want to return fulltime (I would love too! And all the other enjoyable things in life I used to love doing) but unfortunately I am not in a position too.... I am trying so hard to maintain being at work with managing pain constantly and PT allows me to do this.

Hmm well the trust should definitely be big enough to cope with this.

www.citizensadvice.org.uk/work/rights-at-work/flexible-working/flexible-working-your-employer-agrees-to-your-request/

Statutory change to contract so they can't just revoke.

www.gov.uk/staff-redundant/compulsory-redundancy

Employers can't discriminate against part time staff when making redundancies. They also need to be certain the work no longer exists - not that there is more work and they want someone full time.

www.ts-p.co.uk/news/part-time-employees-redundancy-dismissal-deemed-unfair-etc-by-eat

Example above of successful employment tribunal, though not identical circumstances.

I think the Union should be able to tell your trust where to go.

Maybe worth having a look through the agenda for change handbook in case there's anything in there.

Note also that the NHS interim people plan has come out which is telling organisations they should have an increased focus on flexible working.

www.longtermplan.nhs.uk/publication/interim-nhs-people-plan/

The fact it's a large trust also means the definition of reasonable adjustments will be much wider than a small organisation.

Overall I don't think you'll really need to worry, someone has just failed to check the regs and they should be knocked back into line pretty sharpish especially once you've had advice from the Union.

Thank you everyone - I have to plan to contact HR and my Union to take it from there. Aaaarrgghh why are people so difficult? I work hard when I am there and am forever taking stuff home that I don't get time to read etc. Really feels like a kick in the teeth after 12 years there. Only managed by this manager in the last 5 though and Im not the first person to have to negotiate questionable comments so trying not to take it too personally.

Thanks Nacreous really appreciate the post with all the links that is so helpful. My union is pretty active so I will get in touch with them for some advice hopefully it is all resolvable.

My wife was in a very similar situation. NHS trust. She working p/t due to issues and tying to force her to work many miles away. Refused to look into other issues.

Unions - useless, almost thought they were collaborating.

One solicitors letter and they were nice as pie. All of a sudden there was a p/t position just down the road!

Minute any relevant conversation. Make sure are clear in rejecting offers and why. Ask for alternatives.

Stick to your guns.