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Unfair dismissal or not?

2 replies

MumToBe1980 · 04/12/2020 12:31

Hi, I returned from maternity leave 3 months ago on a part time basis (24 hours over 3 days). Prior to returning I requested to reduce my hours by 3 hours but was told the department was too busy which I was fine about.
Last night my manager scheduled a 1 to 1 with me with HR present and I was informed that my role and my ft counterparts role was no longer required and was being consolidated into 1 senior role. They said I would need to be ft to apply for this role. I was in shock and said I would be interested. They have offered me a settlement package.
I am angry as I know the workload has not reduced and can prove this. They have also just taken another person on with a new title but their role is about 40percent of my workload.
I feel that I am being pushed out because I work pt. Is this legal I have no idea? I'm not sure where to go next with this? Any ideas?

OP posts:
flowery · 04/12/2020 18:13

A reduction in workload can trigger a redundancy situation but it's not the only thing, and just because the workload isn't reducing doesn't mean it's not a redundancy.

Redundancy means a reduced or diminished need for employees to carry out that type of work. If there are currently 1.6 FTE carrying out that work and they are reducing that to 1.0, then that is a reduction. Whether that much work will be too much for 1.0 role is a different question - they're reducing headcount which they are allowed to do.

What they should do is obviously not treat you less favourably because of your part time status, so you should have the opportunity to apply, and they should consider part time options as part of consultation (such as two part timers rather than one full timer - they should consider that - reducing from 1.6 to 1.0 can be done a multitude of ways).

Not sure what you mean about this other person with 40% of your workload?

MumToBe1980 · 04/12/2020 20:33

Thanks flowery, by 40 percent of my workload I mean that one of my main functions which takes up almost half of my working day was advertised as one of the main components of the new job role that has just been filled. I have an employment lawyer giving me a call on Monday so will run it past them. I just feel completely shocked, I have always received great feedback on my work and it is always done in time. I feel like it has been a long term plan as the other individual at risk has been given lots of opportunities to develop her role full time even though I also requested them. The senior job description looks like it has been written to favour her experience over mine too. On the plus side this could be a great opportunity to try something new as I should be getting around 6 months wage so allows me to take a lower paid job in a new area.

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