Employment tribunal help please

[Abouttime]

I have resigned from my job after 12 years and I am going to take them to ET for discrimination of a part time worker and indirect sex discrimination.

ACAS have been involved and have sent me my early conciliation certificate so I am now trying to complete the ET1 form.

There is no where on the form, under discrimination that says part time so I don’t know what to do. Can anyone advise please?

I can’t afford to see a solicitor so have to do this myself.

Thanks

Part time workers aren't a protected category under the Equality Act so that part of your claim isn't discrimination. If you feel you have been treated less favourably than a full time colleague because of your part time status then the claim you are bringing is under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations. It will go in the 'other claims' bit of the form, not the discrimination bit.

If you've resigned from your job are you also looking at a constructive dismissal claim?

Thanks Flowery.
I was going for constructive dismissal but ACAS have said I can’t due to it being over 3 months ago.

A brief outline.

I’ve worked for the same Company for a few weeks short of 12 years.
After my first mat leave I requested p/t hours and was offered redundancy or another role - I chose the other role.
It’s a ‘specialist’ role in a niche area - it relies on experience rather than qualifications.

There are only a few of us in the country - all the other staff are a grade above me. I’ve been doing the job over the last 15 months alone as my colleague is on long term sick.
I’ve got good appraisals, been told I’m working at the same level as the others.
I asked for a promotion which would in turn come with increased salary. I was told no.
I had meetings with partners/HR and told no they were comfortable with my grade.

My manager and her manager didn’t agree. They told the partners/HR I deserved the promotion (not in writing) but still no.

I had already told them last November that I would resign as I have done a lot of overtime since Feb 17 and all I got was a £50 pay rise.

I went on holiday over Easter and they have advertised my job, internally and externally at the promoted grade but full time!

When I returned home I felt physically sick and couldn’t go to work. I self certified for 1 day and then saw my doctor who signed me off until my notice period had expired.

I’m still furious.

When did your employment end? It isn’t clear from your post. The time limit for discrimination and less favourable treatment as a part time worker is also 3 months so I’m unsure why you’ve been told dismissal is out of time but not the others, unless there has been post dismissal discrimination.

It officially ended last week but ACAS said because I told them of my intent to resign in Nov 17 that I was out of time.

This is a minefield :(

It’s a big, well known company and they don’t seem concerned at all.

I’m on maternity leave so maybe I’m out of practice, but I think it’s 3 months from the effective date of termination so I disagree with ACAS. I think you can try to claim constructive dismissal.

The issue might be the delay between November and May and how that ties in with your claim that working there was intolerable but it’s not a bar to bringing the claim in the way that the 3 month time limit is, and it’s not necessarily insurmountable.

Yes 3 months from date of termination. But if I'm understanding correctly, it sounds as though the other claims you are bringing relate to things that happened more recently than November, ie after you resigned? Presumably you are claiming less favourable treatment as a part timer because now, after your resignation, you have evidence that your role should have been regraded to the higher level?

You are within the time limit to bring a claim for constructive dismissal, but if I'm right that a lot of this stuff happened after you were leaving anyway, it may well not be worth bothering, and focusing on the other elements instead.

Stating an "intention" to resign is not an actual resignation.

Constructive dismissal is a tricky one. It could be argued that by remaining in post even though you were unhappy back in November, it could signify that you continued to accept your Employment Contract.

Unfortunately the burden of risk is always on the employee with CD because the employee has to resign from their employment, normally with no new employment to go to. The employer gets their paid-for legal team on the case, and folds their arms "see you in Court" while the employee has no job and has to foot the bill for their own legal fees. Not good. V. stressful, uncertain and arduous, be warned.