can they do this?

[billyswift]

hi, i am recently seperated from dh, i worked full time in the same company since june last year, i want to move back to my home town a few miles away i dont drive so asked work if i could reduce my hours by an hour/hour and a half every day to allow me to commute as i didnt want to leave, after i asked this i was told by my officemanager that my head hadnt been on the job for few months now and that they wer thinking of reducing my hours to 12 a week, i said that this wasnt enough for tax credits etc and could they bump it up to 16, i was told to go home and think about what i wanted and they would think about it also, i got a call later in the day saying that tehy were terminating my contract because of my performance!! i have had no warnings appraisals nothing are they allowed to do this should i see a solicitor? please help!!

Unfortunately as you have only been there a few months, you have very few rights and they can terminate your contract without even giving you a reason as long as they give you the right notice.

i've been there nearly a year i just cant get my head round the fact that i havent even been given a chance, no warnings not even an informal chat about anything, i thought they had to at least give you a warning :-(

With less than a year, no they don't have to give you warnings or anything I'm afraid.

Not entirely sure that this is correct. I am sure the have to give you a disciplinary and two written warnings if you have been there more than six months. best check with citizens advice they are great with this. Also by law they have to seriously consider flexible working hours. This is discrimination, i know i have been there. Wanted to work less days as child care needed. and also worked school hours in a salon so they have to consider it. Check your contract to see what it states. Normally just a three month trial then your rights in the contract kick in. The law states if you can do the job in the hours you request they have to have a solid reason for not accepting your request. Definately see cab they are great.

CAB will say the same as I've said. Under a year the OP can't claim unfair dismissal, not sure where you get 6 months from Abip, it's a year.

...unless OP can make a case for discrimination on grounds of sex or the PT working request, in which case no qualifying period of employment is needed.

Doesn't sound like she was making a proper flexible working request under her rights as a parent though - she wanted to move further away and wanted reduced hours for commuting. Perfectly reasonable to refuse that.

Billy do you have any reason to think you have been discriminated against on the grounds of your sex, race or similar?

I am afraid that what Flowery says is correct. Aside for some funny provisions if you have 51 weeks' service, the rule is a year.

Also, flexible working requests have to be for childcare (or care of elderly relatives, etc) and commuting difficulties don't sound like that - unless it's something like wanting to reduce hours because the day is so long you don't get to spend time with your children. Doesn't really sound like sex discrimination either. Obviously, if there is other information/background, then that might change things...

thanks for all your responses, the reduction in hours wasn't just for commuting it is also because many childminders/ nurseries only open til 6 and i would have been getting home at 6.30/7pm so wouldn't have been able to collect them in time, it started as an informal chat with my office manager to see where the land lies,(i would have put in a proper request if i thought it went ok) next thing i know i get told to go home while they think about it then got a phone call that evening to say my employment was being terminated because of my performance.

I think aside from anything else they have treated you very badly. If they felt there was an issue and they were thinking of letting you go the decent thing to do would be to give you some warning. I imagine you weren't 100% focused on work because of your recent separation.

I would seek legal advice in your situation but I would also try and come to terms with the fact that I may just have to look for another job (probably will in fact). I'm not sure I would be happy working for them after an incident like this anyway - you would always be wondering whether your job was really safe.