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Redundancy not sure if it’s legal?

27 replies

flissypix · 25/04/2018 07:57

In a bit of a sticky place. I have been in my job for just short of 2 years and I have been working really hard with a huge work load(2/3 peoples worth due to loss of staff) for low pay asked for a pay rise and they said no they instead are hiring another 2 people, fair enough. Yesterday my boss told me that when the new people were in post that my hours would have to change as he wants everyone doing the same hours. I currently work 9:30-4:30 and he wants me to do 8-4 one of the main reasons I do the job is because I have no access to before school care (this was agreed at the interview) I have explained I can’t change to these hours due to childcare and they have said well if that’s the case they would make me redundant!

So firstly can they make me redundant for refusing to comply whilst adding more hours to my colleagues contract and hiring 2 more people to do my job? As my job very much still exists. I am the only women with school aged children in my team- I feel like it’s indirect discrimination but HR have said not as it’s a legitimate business need and they are giving me 5 months notice.

I am beyond gutted I love my job and they had promised me a pay rise and promotion but have now decided to go in this direction.

Any advice?

OP posts:
Jonbb · 01/05/2018 18:47

I think a chat with ACAS will help. You could also find an employment solicitor who will negotiate on your behalf. Personally I think it is indirect discrimination because changing your hours does and would affect women more than men, and you could take it to an employment tribunal yourself.

Also the two year qualifying period for unfair dismissal does not apply to discrimination claims. I would be inclined to write a letter stating you believe you are being discriminated against because of those reasons and that you are considering tribunal action and see what they say. I believe you can commence an action now, you don't need to have left your employment.

Here is the link. Have a good read.

employmenttribunal.claims/employment-law/tribunals/long-must-i-worked-bring-claim/

flissypix · 01/05/2018 20:50

Thank you, thanks for the link I will have a reads. That was my thinking but so many people on here said it couldn’t be discrimination. I am going to trial the new compromised hours and see if that works (I am happy with it, but worry they won’t be in reality.) If they push for the core hours I will write and tell them I considering an employment tribunal which hopefully will be enough for them to cave.

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