Loosing part time job because they need someone full time

[BoBoo]

This isn't my job, but trying to find out on behalf of a colleague's daughter (and so don't have any details). Lady who has worked for a company for a number of years and works part time has now been told they need someone full time in the role and is no longer required as she doesn't want to do full time. Surely they can't do this, and would need to attempt to find someone to job share, or at least detail why the job couldn't work as a job share.

Does anyone know a good place for advise? Thanks.

Although it may be that I find that I end up in this position, so the info could come in handy. I started a new job in November working three days a week, which was the level of support my boss felt she needed. She has now left the company and I'm worried aobut what will happen if my new boss feels that they need someone in the post full time, which I don't want to do. Am I buggered because I've been there less than a year?

I think as long as she was offered the job full time then they can do this.

Bumping for someone in the know!

Surely shed need to be made redundant?

I assumed she was being made redundant.

Yep, sound like the part time role is now redundant and the new full time role is a separate issue to me.

Is your friend getting (at least) statutory redundancy OP?

but doesn't redundant mean the job is no longer there?
the job is still there
can they not just get another part-timer?

I would seek some proper legal advice
union, CAB or check to see if she has legal advice on her home insurance

In short no, an organisation cannot insist upon this. They should look to recruit for the additional hours in the same way as they would if they had a full timer and needed extra cover. Any unilateral attempt to change the employee's contracted hours would be a breach of contract.

There is potential for claims of indirect sex discrimination too since most part time workers are women. There's also potential for automatic unfair dismissal under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

CIPD say this "To be objectively justified a requirement to work full-time must be a proportionate means of achieving a legitimate aim which corresponds to a real need on the part of the employer. Hard evidence is required to prove that the service really must be provided five days a week." in relation to a case where the employer had not attempted to find additional cover.

If, however, after making reasonable attempts to recruit somebody to cover the additional hours needed and consulting with the employee it may be that a redundancy situation would apply if there was evidence the business was suffering due to the lack of five day a week cover. But this sort of thing is very tricky and should be dealt with on a case by case basis taking into account all the facts and getting professional advice.

I don't think they are under any obligation to look for a job share or another part timer. As long as she has been offered the opportunity to take the full time role then I think she can be made redundant.

You really need flowery or someone else who definitely knows to see this though.

X posted

As a general rule with part timers I use this:

Would it be reasonable to ask a full timer to do the same?

If the full timer gets the benefit why doesn't the part timer?

For example, if you needed an extra 15 hours a week to meet the business needs would it be reasonable to ask a full timer to do the same by working Saturday and Sunday? The answer is clearly no therefore it is very likely to be unreasonable to ask a part timer to increase hours.

An employment contract is basically this: Employee agrees to do X, Y, Z for the X hours per week. In return Employer pays the employee £XX,XXX per annum. Neither can change the deal without the other's agreement. Full or part time does not come into it and we really only use that for short hand and due to history.