part time being expected to absorb full time ex colleagues job - constructive dismissal

[reindeesandchristmastrees]

I work in a profession where it is expected that you will work additional hours where necessary to get the job done. I manage a small team but have always done this part time (my choice for childcare etc). Contracted hours have increased over the years from less than 50% to 80%. A full time member of staff has left and I have absorbed their workload as there is no one else available to do this. I am working much more than full time and my supervisor knows this and I have put a plan to her requesting full time hours for myself, an additional junior member of staff and promotion of another - this will absorb the saving made from the salary of the more quite junior staff member who has left (replacing like for like would take a long time as the area is quite niche).

I have requested to be paid full time since the member of staff left (ignored) but now been told that I should be able to do this in my contracted hours. I'm deflated and feel like just telling them to stuff their job - let them find some other mug and see how much work they can get out of my replacement. Finding a replacement for me would I imagine be difficult and market rates would mean they would definitely cost them more than they pay me. If I handed in my resignation they would be stuffed in the short term. BUT I like the firm I work for and having worked their for several years I don't really want to leave. I don't know what to do - would it be constructive dismissal?

I would start pushing back on deadlines and workload and saying "I can't make that/do that unless something else is dropped/delayed".

Basically work to rule - do the hours you are paid for.

I would just work the hours contracted. When they ask why works not being done then it will soon be clear that they need to employ a replacement.

I would stick to my contracted hours from now on, ask for a payrise for good measure and keep an eye on building up evidence for a potential future constructive dismissal case...If you foresee that it's impossible to get everything done within your hours, tell your boss that there isn't enough time available to you to complete the tasks allocated. Ask them to advise which tasks are priority. Let them do their job as a manager. If you pick up the slack, they dont have a problem and nothing will change. Document it all, everything in writing.if you have a chat with supervisor, follow up with a summary email. Bring a colleague into meetings with the boss if need be. If you are asked to work overtime, agree payment or TOIL in the same conversation. Get a new job lined up and ask for a payrise and/or better T&C using the offer as leverage. If you stay, stick to your hours. I learnt the hard way (burnout, theraphy...) that you get more respect like this.

Raise a grievance using your work grievance policy or the ACAS process.
Chat with a solicitor about the issue.
Constructive dismissal is hard to evidence and you need to do the steps in the right order. Grievance is usually required unless discrimination can be proven.

I'm not a solicitor, just some stuff I read.

Giving someone too much work to do is not constructive dismissal. Refusing to provide additional staff resource to manage the workload is also not constructive dismissal. As others have said, what you need to do is to manage the situation by working to rule. You work the number of hours that you are paid for, and no more. You outline / agree with your line manager what the priorities are for work during those hours, and what work will not be done because there is no time to do it. What then happens to that work is your managers problem, not yours.

Simply being expected to do too much work is never going to be constructive dismissal, but if you are going to push back, then box clever. Helpfully ensure that you are confirming things in writing with your manager - do so in a friendly but clear way, the kind of "Hi Joan, thanks for our meeting today. Just to confirm that I raised the following matters and what we agreed was... can you just confirm that this is also your understanding?" That then means it is harder for the manager to pick up the work not being done as under-performance because you are being clear about what the issue are. Then how those issues are resolved is not your concern.

I’d be tempted to go off sick with stress, which has clearly been caused by the pressure of working the jobs of three people. They’ll soon change their tune when they realize how much they need you.