Could this grounds for constructive dismissal?

[Tulips26]

I'm currently working on mat leave and my application to work 4 days a week instead of 5 has been rejected on the grounds that the business needs me available 5 days a week for my current role. They offered a demotion which would basically ruin career progression as an alternative to allow me to do 4 days, or 6 hour instead of 7 over 5 days which I had explained I wouldn't be able to afford due to childcare costs.

This is all because of the new administration at work. There is someone doing my exact job who works 4 days a week and this was allowed after she had a child. There is a similar position but higher up in which the majority of people work 4 days a week.

Every role within the company had people working 4 day weeks.

I don't understand why my position is different, and they tried to lie and say that no one doing my job is allowed 4 days, but I know this is untrue.

I'm going to appeal the decision but the way they've treated me so far makes me think it will be quickly dismissed.

Do I have any choice other than resigning? I'm so sad as I really like my office and the prospect of job searching after a year on mat leave is very daunting. Also, I was a good employee and worked so hard...this had really hurt my feelings 😞

Thank you for reading x

Sorry if I confused anyone with the first sentence...it should have said "I'm currently on mat leave"

Don't think it's ground for constructive dismissal sorry. They don't have to agree to your request for flexible working.

You can appeal against the decision, but I really don't think it's constructive dismissal. They are under no obligation to facilitate your request unfortunately.

My friend returned from mat leave to a part time role she had done for years and ad excellent reviews for. She was told only full timers could do that role and she would have to do a more junior role. She left as did all of the part-timers told the same thing. This was a few years ago and they still have a serious staffing issue. The people who left mostly work at a major competitor in the same specialist team.

I don’t see how this is constructive dismissal. They have offered you alternatives but you have chosen to decline it.

It's not constructive dismissal - they only have to consider your request? Unfortunately for you your colleague has got in first and was fortunate to be granted it. Perhaps they've realised since that actually it isn't benefitting the business to allow it but can't now take it off your colleague and are making sure no one else is allowed to do it

It's a tricky one... does the person doing the same job have the same job title / description? Did you ask for the same day off? Maybe look into this, If the job is the same, you could get somewhere , if you asked for the same day off, then they have a point.

Piece of advice, PT jobs are almost like rocking horse shit (excuse the expression). It would be better to stay put and try to negotiate. Plus, you have certain protection, if you have been at current job over 2 years - something worth thinking about.
And don't forget, nursery fees might be eating up all your wages for the nx 2 years, but it will get cheaper after that.

Are you in a union OP?

Talk to ACAS OP. they'll be able to give you advice that is directly applicable to your situation.
Good luck. Xx

It's not constructive dismissal. They have left your role open for you to return to. They have not agreed to your flexible working request but, as a pp said, maybe there is only the opportunity for one person to be at 4 days a week or they granted it, it doesn't work and now they can't take it away. Sounds harsh but if you cannot afford childcare for working 5 days a week, that is not your company's issue.

Your best bet is to appeal the decision by building a strong case as to why working 4 days instead of 5 will not impact the business negatively.

If you think you'll be dismissed for appealing and you want to make a claim, then let them dismiss you instead of resigning. You'll have more likely chance of success in terms of taking them to a tribunal.

This is the exact reason why employers refuse flexible working as standard even if it would be possible because once you say to someone, everyone else wants the same and what is not much an issue when it is one or two staff becomes one when everyone does.

I've seen businesses who although open hardly do any business on Fridays because of essential people not working.

It's hard to balance valuing staff members and showing sympathy with their situation and indeed putting the needs of the business first.

"Do I have any choice other than resigning? I'm so sad as I really like my office and the prospect of job searching after a year on mat leave is very daunting."

Is it really so vital you work 4 days rather than 5 that you'd leave your job over it? There's not a lot of difference there.

"Also, I was a good employee and worked so hard...this had really hurt my feelings"

I doubt the reason they said no was because they didn't think you are a good employee or work hard. Appeal it if you genuinely think either the process wasn't followed properly or you think the refusal was unjustified as it would be perfectly possible to accommodate your request.

Be careful to address their concerns specifically. look at the reasons they've given for refusal, and make sure you address those. The fact that other people have this arrangement is irrelevant, employers do (and are obliged to) consider each individual request on its own merits, and sometimes if there are already lots of people on part time hours, it is not possible to accommodate one more.