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Asked to increase part time hours

101 replies

GGee123 · 11/05/2023 23:26

I currently work part time 3 days a week managing a team of 11. I have been in the role for 14 years, working part time for 8 of those years. I easily do the equivalent of a full time role, working long days on the days I work, occasionally working on my days off, continually monitoring emails & have never had, to my knowledge, a situation where my working part time has negatively impacted my team who are all performing well.

We have recently got a new Director who wants me to increase my hours, she has said ideally 5 days but would settle for 4. I really do not want to increase my hours, I would struggle with existing commitments & am fortunate I don't need the extra money. Her argument is there needs to be cover at all times & has said she'll initiate a consultation. I'm possibly prepared to work a 4th day til school pick up time but don't believe this will be acceptable.

I've spoken to Acas so I know the facts, but I'm a bit lost on exactly how I should approach this, what I should say or what arguments I should make to get the best outcome. Or whether I should just suck it up & be grateful I have a job!

OP posts:
Coolmom81 · 14/05/2023 11:01

Aprilx · 12/05/2023 11:38

Truthfully, I would not want a manager of 11 to be on a three day week either. I think you are in denial if you think this has no impact on anyone else, it simply must do. Either the team themselves who have to wait for you to be in the office to ask questions / seek guidance / escalate to or your manager who presumably has to deal with these things otherwise.

If you don’t want to increase your hours, I think you could try to help to come up with a workable alternative, appointing a deputy or finding a way to job share.

On the legalities, they cannot force you out because they are part time. Sometimes people think that they can make the part timer redundant in order to recruit a full timer for the same role. This is unlawful, you can only make roles redundant if there is a lack or work or a lack of work in a particular location, not because there is a surplus of work and the employer prefers a full time position.

Regardless of the “legalities” If the company want someone full time and OP is not prepared to go full time they could just re-org the department, make that particular role redundant and hire for a new role. Personally, I would wait it out. They can’t fire you without cause. So they either keep you on the 3 days you want to work or they make you redundant in which case having been there 14 years would be a reasonable payout! Win win!

UpseyDaisy1 · 14/05/2023 11:05

Aprilx · 14/05/2023 08:15

If your part time position is no longer in the business then you could be redundant…

Needing somebody to work more hours is not a redundancy situation, it is the exact opposite, it is a recruiting situation. They need to either persuade OP to increase her hours or they need to recruit a second manager. Making a part time redundancy in order to recruit a full timer is not a fair reason for dismissal.

Yes without further info I would agree with you. I did said could be and also to seek legal advice.

Camillasfagwrinkles · 14/05/2023 11:06

Just from the other side, I find it difficult when my managers are part time. I have a few because I'm in a secondary school. There are a couple who are part time and it's frustrating when something needs to be sorted out and they're at home. Tasks aren't always transferable to other managers. For example, one of the PT managers is in charge of IT infrastructure for teachers, so it's not a case of just asking someone else. In my opinion, management jobs don't fit well into part time hours.

Premiumbondbaby · 14/05/2023 11:31

@GGee123 ACAS sets out the process for making contractual changes. https://www.acas.org.uk/changing-an-employment-contract/employer-responsibilities/proposing-employment-contract-changes

What strikes me is you are not being honest with yourself about what hours are actually needed to do your job. You are also confusing the number of hours you are contracted to work vs actual hours you are working.

From what you have said your Director/employer could make a fairly strong business case your job can’t be done in your contracted hours.

Your Director/work may believe in presenteeism, if that is a case you need to talk to your TU and other part timers as volume of numbers can make a difference if they are trying to get all part timers to work full time.

However, they may becoming at this from a duty of care and concern that legally they are not paying you fairly. Plus you are making a full time job look part time.

I can understand your concern about not wanting to be made ill again. In my experience managers and employees can be very limited when thinking about flexible working. Creative approaches can and do meet business needs as well as personal needs.

As pp have said the first thing for you to do is to record what you actually do for several weeks. Yes it’s a pain but you need evidence. Make sure you account for everything, every phone call, email, discussion no matter how small. In particular how much do you do on your 2 non-working days and evenings etc. This will be key evidence to support your business case to retain part time working. Additionally, as a pp has suggested if your Director wants you to take on extra work for increasing hours you can prove you are already at/over capacity.

At the same time work out your non-negotiables e.g. 2 nights with no evening working, one non-working day, flexibility to pick up children, etc.

Once you know the true hours you are working and when, you can then start to work out a flexible working pattern. If necessary come back on this thread and we can help.

As pp have said also look at the team structure and identify one or two posts/team members who could be deputies. This makes sense from a business continuity perspective e.g. illness, holidays etc. It also makes sense from a motivation perspective e.g. learning and development to get them ready for their next step. You could also suggest the deputies get slightly extra pay by taking the difference between your full time and part time salary - I would do this by creating a daily allowance they get on days they cover your NWD.

You could also suggest a 3 month trial period of increasing your hours and days. E.g. increase to 30 hours a week, guaranteed finish at 14:30 on 4th day and deputies cover on day 5.

Ultimately an employer has the nuclear option of consultation, dismissal and re-hire. Not good employment practice, but not many people can afford to go without wages for 2+ years waiting for a constructive dismissal ET.

Proposing employment contract changes: Making changes to employment contracts – employer responsibilities - Acas

Advice for employers on their legal responsibilities to inform when proposing employment contract changes.

https://www.acas.org.uk/changing-an-employment-contract/employer-responsibilities/proposing-employment-contract-changes

FacebookFun · 14/05/2023 11:54

This reply has been withdrawn

The OP has privacy concerns and so we've agreed to take this down.

RobinsAppear · 14/05/2023 11:59

All these people saying you can't be a manager unless you're there 5 days a week, I'm confused. What do teams do when their manager is on leave for 2 weeks? Surely a good team can manage without being managed every minute of every day?

bobbysock · 14/05/2023 12:16

Houseupdate · 12/05/2023 07:29

How long have you been there? You really need proper legal advice. What did ACAS say?

Did you even read it?

bluetongue · 14/05/2023 12:18

Tarantella6 · 14/05/2023 10:57

I felt the same as you and clung onto my day off for ages. But actually I now work 9 30-2 30 on a Friday and the rest of the week is much easier, plus I'm getting paid for the hours I was doing on a Wednesday evening or whatever.

PP are right, if you're working 37 hours, you are proving that your contracted 24 is not enough. I absolutely appreciate you valuing the flexibility over the money but I think there is a balance to be struck, and if you do an additional 6 hours on a Thursday (and get paid for them!) it might actually make your life easier despite losing the day off.

In my experience of working Fridays nothing actually happens so I wouldn't worry about keeping that day off!

Gosh, wish I could have one of these have a chill day on Friday jobs! Every day is pretty relentlessly busy in my office.

AllegraWalterJones · 14/05/2023 14:00

RobinsAppear · 14/05/2023 11:59

All these people saying you can't be a manager unless you're there 5 days a week, I'm confused. What do teams do when their manager is on leave for 2 weeks? Surely a good team can manage without being managed every minute of every day?

Being on leave is different from a daily role - presumably unimportant activities can be put aside.
I don't think that statement is necessarily true. It's very dependent on team structure but, off the top of my head:

  • Managers are generally paid to take responsibility. Which means they have to 'sign-off' and make the decisions, accepting the ramifications. It isn't fair to make a junior member of staff do that.
  • A large part of the job isn't about supervising your team, but clearing the obstacles in their way. This means facing off to senior leaders, other teams, the rest of the business. Sometimes you need people with more seniority to 'push things' through. Also escalations.

Ultimately deputies, job shares etc are good solutions but there needs to be a high degree of cohesiveness and clear career paths for each individual. E.g. if a deputy is doing the same thing as the LM after a certain point surely they shouldn't remain just a deputy? And in a job share where one person has a significantly different style/is better than the other.

I think PT working benefits an organisation long-term but the entire team and role has to be crafted around that. It reduces dependence on any single individual.

2bazookas · 14/05/2023 14:38

She needs you more than you need the job; you call the shots.
Just make a polite but formal written response

"Thanks for your views.

I have held this part time , 3 days a week post successfully for 14 years and for family reasons have absolutely no wish or intention to extend my working hours or days. In fact I would really prefer to cut down.

Perhaps you could consider employing an extra member of staff to job share? "

    Meanwhile,   you mention to some trusted colleague that if the Director tries to make you work more days you'll just  resign, not as if you need the money...
Sittinginmysunnygarden · 14/05/2023 15:11

2bazookas · 14/05/2023 14:38

She needs you more than you need the job; you call the shots.
Just make a polite but formal written response

"Thanks for your views.

I have held this part time , 3 days a week post successfully for 14 years and for family reasons have absolutely no wish or intention to extend my working hours or days. In fact I would really prefer to cut down.

Perhaps you could consider employing an extra member of staff to job share? "

    Meanwhile,   you mention to some trusted colleague that if the Director tries to make you work more days you'll just  resign, not as if you need the money...

Where do you read the manager needs her more? Dangerous to have this arrogant approach.

TheKobayashiMaru · 14/05/2023 15:12

I easily do the equivalent of a full time role, working long days on the days I work, occasionally working on my days off, continually monitoring emails & have never had, to my knowledge, a situation where my working part time has negatively impacted my team who are all performing well.

You've torpedoed your own argument by admitting that you are carrying out a full time role in part time hours. This is what your new manager is simply pointing out to you. Fund a way to make more hours work.

pecantoucan · 14/05/2023 15:16

the company would need to demonstrate I can't do my role in those hours you can't. You're making it worse by working outside your hours.

ScottishWaylander · 14/05/2023 15:29

Can you agree to 4 days, essentially getting paid for work you're already doing - but then work more to rule. Eg no more long days, evenings or checking emails. This way you have no extra work but more income and a better work - life balance.

Kiyone · 14/05/2023 19:07

If you're already working extra hours then I would accept the increase in pay to cover it, but be clear what level of flexibility you need so that you can still cover whatever you need to at home. I appreciate that you like the flexibility you currently have, but the reality is that you're still sacrificing your own time to cover the work. Be clear with your boss on the times that you're not prepared to work as you need them for family life.

MyNDfamily · 15/05/2023 12:25

Greenfairydust · 12/05/2023 12:12

Actually job-share is almost always an option.

There is no reason why you and your jobsharer can't work on the same projects or on different ones.

Since you have been working for 8 years with this pattern without any issue about your performance or complaint from your team, this is your establish work pattern and they can't just suddenly ask you to change, as this would equate them trying to change your contract. They would need your agreement. ACAS should have told you that.

Also if you have caring responsibilities/children you can also argue that asking to change your work pattern would put you as a disadvantage and would go into discrimination territory (as women are more likely to have the sole burden of caring responsibility and asking for a sudden change in work pattern that impacts your caring responsibilities would mean you might have no choice but leave your job).

If your company is trying to ''remove all part-timers'' that might backfire spectacularly because these part-timers will often be parents, people caring for elderly relatives (and very likely to be women) and disabled people/people with long term health conditions. So ripe for employment tribunal claims...not to mention that it is unlawful full stop to treat part-time employees less favourably.

it really saddens that we are still in a place where so many employers decide to mess around with and potentially lose good, committed staff because they can never deviate from the antiquated view that you can only do a job if you are full time and glued to an office chair.

I really don't understand why so many are reluctant to accept that flexible working, part-time work, remote working and so on are also perfectly good ways to be productive.

Probably the same employers who then whinge they can't recruit and/or retain staff...

To me it sounds like the ''consultation'' could be the start of redundancy so you need to ask her in writing to clarify what is meant there and get proper legal advice.

They are still doing these things in the real world. Myself and a friend have had it happen. It's disgusting and often women doing it to other women.

Aprilx · 15/05/2023 12:30

Coolmom81 · 14/05/2023 11:01

Regardless of the “legalities” If the company want someone full time and OP is not prepared to go full time they could just re-org the department, make that particular role redundant and hire for a new role. Personally, I would wait it out. They can’t fire you without cause. So they either keep you on the 3 days you want to work or they make you redundant in which case having been there 14 years would be a reasonable payout! Win win!

I have literally just explained than no, a company cannot “restructure” in order to make a part time role a full time role. They would lose an unfair dismissal case if they did so.

Member212711 · 15/05/2023 17:48

I've worked in a place that wanted to do this, and represented several staff during it (as a fellow Union member). My advice? Join a Union. No, seriously, try and put it back on to the manager. But be prepared - who else could pick up some of the work. If the sticking point is that someone has to be 'available' on all days, then who in your team might be able (or willing) to step up? Have some examples ready of how you have successfully managed without this in place already. But also be prepared that the Company can effectively do what it wants - within reason, and that it is not there for you. And, seriously, think about joining a union!

Hmm1234 · 15/05/2023 17:58

Are you part of a work place union? Usually an email with advice from your union rep stops mangers like this before you need to take it further

T1Dmama · 15/05/2023 21:29

Isyesterdaytomorrowtoday · 11/05/2023 23:55

Why would you not want to be paid for the hours you seem to be working anyway? Surely it makes more sense to do a 4th day and be paid for it and put some firm boundaries in place so you are no longer working on evenings & days off

This

T1Dmama · 15/05/2023 21:37

I’m guessing if they want you to go full time and you don’t want to then they’ll need to pay you redundancy?!
maybe start looking for a less stressful job and take the redundancy

MerryGrinchmas22 · 15/05/2023 21:44

I think your employer has a point. Quite clearly you are not able to evidence that you can complete your job in the hours you are contracted to work because you are always working extra.

If it were me I’d want to be paid for the days I’m working…. I wouldn’t be working for free all for a bit of flexibility. As a manager I wouldn’t want my staff working over and above their paid hours consistently either. You state that it previously impacted your mental health negatively before but you’ve gone from working the hours and being paid to working the hours and not being paid and on paper it looks like you work part time when in fact you aren’t really.

To be honest, if I were in your position I’d take the 4th day and get paid fair money for the hours worked and any extra holiday this generates or look for another role that can actually be accomplished without my part time hours.

eastegg · 15/05/2023 22:21

FrangipaniBlue · 12/05/2023 08:43

the company would need to demonstrate I can't do my role in those hours

But the thing is, you can't! You've already said you are working longer hours and on your days off to get things done?

I think I would offer what you have said, work 4 days but with in writing that the fourth day is between school hours.

That's in your favour because you'd effectively not really be working more but would be getting paid more (to reflect what you actually do).

and stop working evenings and on your days off!

This sounds lovely, but I suspect it’s not that simple. If OP could funnel all the extra work she does into an extra paid day, without doing anymore on top, she would have thought of it herself and offered to do a fourth day!

I get it OP. Been there. 3 days is what, 40 hours, 4 days would be 50-52, 5 days 60. I don’t know what the answer is. PT roles in demanding jobs can be really hard.

ahagwearsapointybonnet · 15/05/2023 23:52

QuintanaRoo · 14/05/2023 10:37

Tell them you’ll work more hours but compressed hours over three days. Carry on doing what you’re doing and get paid more. Win, win.

This!!

geekone · 17/05/2023 09:50

You have my sympathies, I have been in your situation, I am no longer there but I do work 5 days a week now in a less stressful job and no one who was part time in the company I used to work for are there either they all left. That department of the company fell to shit and lost their license to practice because what they didnt realise is that we all worked bloody hard and way more hours than we wee paid for.

If you are sure that they are trying to manage out all part time workers then you can press on sex discrimination as most part time workers are women. However if it is just you, they can essentially make the "part time role" redundant, if they then offer you the full time role and you turn it down, if they dont think you have turned it down for a good reason, they can refuse to pay your redundancy. I was lucky, I was furloughed so the company could fleece government money and I asked for my redundancy which I got. Legal advice told me this was the best way to move forward.

Good luck OP, this sort of presenteeism thinking is so old fashioned, if you work flexibly with your people you get the best out of them. Some weeks I worked 60 hours as I was essentially doing 2 peoples jobs and I got paid for 32. The director who came in was a child free single lady in her 50s who did not believe that women (even men who took active parenting) with children should be in sales and that no one should be allowed. She had no understanding or want to understand.

I am glad I am gone, its not worth it. If you can get a flexible 5 day a week job with less stress I would recommend it.