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anyone know a bit about rights? would it be nepotism and can he say this....?

10 replies

bohemianbint · 13/06/2007 12:24

I posted a different thread yesterday because am dreading going back to work but it was fairly vague, so here's one with some more specific points:

  1. My boss's daughter has recently returned to work for him after having her first baby. He is allowing her to return 1 day a week. If I ask to return 2 days a week will he be obliged to let me? Or can he allow his daughter more rights than me? (He allows her to work from home and doesn't really allow me.)

  2. My boss is quite rude to people generally and shortly after I told him I was pregnant made a comment along the lines of "Oh, you bigger girls have an easier time giving birth" or words to that effect. I wouldn't mind but I was a 12-14 at the time and hardly massive. However I'm now a stone heavier and I don't want to hear him commenting on it. Is it his right to free speech or should he really not be able to make such personal comments?

(you can see why I'm not desperate to go back eh?!)

Any advice?

OP posts:
bohemianbint · 13/06/2007 12:53

bump

OP posts:
TheBlonde · 13/06/2007 13:02

do you do the same job as his daughter?

bohemianbint · 13/06/2007 13:04

Yes. So we should be treated the same, surely?

OP posts:
potoroo · 13/06/2007 13:10

I think he is legally obliged to consider your request although he does not have to let you change your hours.

But to be honest, if she does the same job as you he would be hard pressed to prove why she is allowed to go part time and not you.

bohemianbint · 13/06/2007 13:19

Well, should be interesting. Anyone got any ideas about what bosses can and can't say to employees?

OP posts:
bohemianbint · 13/06/2007 13:29

Oh, and do I have to tell him I've just gone bankrupt? Is he entitled to ask?

OP posts:
bohemianbint · 13/06/2007 18:18
Hmm
OP posts:
lou031205 · 15/06/2007 21:41

no you don't - although he might find out when your nil tax code is applied.

RibenaBerry · 18/06/2007 16:29

Potentially, commenting on appearance is sexual harassment. It's a bit of a 'nuclear' claim though - you couldn't realistically expect to stay there after you'd made that type of allegation. I presume that in a family company there's no sympathetic HR person to have a quiet word with?

The nepotism bit is difficult. Yes, legally, he can favour anyone he likes over anyone else. What he cannot do is favour or disadvantage them for legally protected reasons (age, race, sex, religion, disability, sexual orientation). That means that I do not see a claim just because he treated his daughter better. Occassionally, if the treatment is really bad, you could claim 'constructive dismissal', but that's really about them being nasty to you, not a comparison to extra-favourable treatment to one other person.

BUT it can be sex discrimination not to allow part time working without good reason. The fact that he was willing to agree it for his daugther might show why there was not a good business reason to turn it down.

The caveat to that is that employers are allowed to take into account the make up of their team when making decisions. The easiest example is if you think of a 2 person team where the phones have to be covered from 8am. If the first woman makes a request to start work at 9:30, that might be fine. If, later on, the second woman also asks, it might have to be turned down because it would leave no-one to cover. Thus, if the team can only accomdate one part time person, that might be a legitimate business reason why she got permission - i.e. that she just happened to get in first. Unlikely, but possible, depending on the type of work you do.

chocolatekimmy · 18/06/2007 21:27

Just because one person has something (like part time hours), it doesn't follow that everyone has to. you need to put in a flexible working application and go through that process.

Try not to get hung up on a comment he made before, it may not even happen again. If it does, tell him straight that you do not appreciate him commenting about such issues and for him not to do it again as you find it upsetting. Make a note of date/time/wording etc and if he does it again you can make a formal complaint.

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