part-time discrimination or just the facts of life?

[Simplesk]

I returned to work September of last year with a verbal and email agreement to begin flex working 3 days a week in January (my request). It became clear by November/December however that I couldn't fullfill all the requirements of my role in 3 days and also that the company was not going to get any additional resource for me to help cover the role. I asked to continue as full time and revisit my flexible working request at a later date. (I hadn't yet signed a contract.) This was rejected as they told me their wasn't money in the budget. At that point I handed in my notice - I had no other choice really as they were'nt giving me the means or resoruce to do my job.

They have now gotten around to recruiting for my role and have put out an ad for a full time position on a 6 month contract. I confronted my boss and asked why there was budget for the new hire, but not for either me to go full time, or to bring in a part time assistant or freelancer to help with my workload. I was told that it is stretching the budget but that they think filling the role with a full time employee is the best option for them and that if I want to, I can apply for my job. They wouldn't accept a withdrawal of my resignation.

I've worked there longer than about 90% of the office, and I feel like they have really pushed me to leave, or at least done everything they could to make my working their untenable. They say they gave me the flex time requested so they don't understand why I'm upset. (Another manager also told me that if staff wanted to work on their time off, it was up to them.) I'm so angry with them, I can't think about things straight. Is it worth my seeking out professional legal advice or is what has happened maybe unfair but not really illegal?

not an expert, but it may well be worth reading up on constructive dismissal, for example here

i'm no expert either but does sound to me like you potentially have a case. I reckon you should explore options for getting proper advice.

yes get some legal advice asap. Check your home/car insurance to see if you have legal cover.

What have you got in writing from them? Have you used your internal grievance procedure yet? You must do this first but depending on the content of your resignation letter this may already be considered to have raised a grievance. But can't say without seeing the letter.

Also, they are only offering a 6 month fixed term contract. Not a permanent one.

We need more facts I think.

thinking about it - surely you have a clear case. they were in no position to reject your request to come back full time. assuming you were f-t before mat leave then they can't do that. by saying it was p-t or nothing they effectively made the f-t post (ie you) redundant. except they didn;t give you that option. really sounds like constructive dismissal to me. esp with the new job advert. outrageous.

that's pretty much how I was thinking too, Hat.

hat, that is what my gut tells me, by my mind keeps telling me that we had a verbal and email agreement to honor my initial request for p-t and I think that that is as binding as a contract nowadays.

In my resignation I stated that I was leaving because of the changes to the role and because of the lack of resource I was no longer able to do my job properly. ManicMummy do you think this counts? I don't think we have a formal grievance procedure, though I have stated several times to my line manager and director that more cover was needed and had put forth proposals saying how many hours I was working etc.

About a month ago, I was told that I could have a contract that would end in June if I wanted, but I said no that if I stay I want to be permanent staff. (There are possibilities of a major restucturing happening sometime in the next 2 years so any new hires are on contracts - an effort to avoid future redundancy pay outs I imagine.)

What a nightmare. Where does one go to get legal advice for things like this. So wishing we had a union at the moment...

If you're not already in a union, look into it. CAB are fantastic for stuff like this too

Good luck!

[vaguely] what line of work is it?

Before resigning did you complain in writing and/or make a formal grievance? Ideally, in a constructive dismissal case an employee should give the employer the opportunity to put right the actual or perceived breach of contract.

I agree I think your verbal/email agreement was binding. So, in effect your full time position was coming to an end at the end of December and a new part time position was beginning in January.

If you have resigned an employer is usually not bound to accept a retraction. It depends on the circumstances, if say resigned in heat of moment. But if you resigned in writing with an end date and your resignation was accepted, much trickier and less likely you will be able to argue you can retract.

To succeed in any claim you are going to have to show

1/ your employer breached your contract of employment, you resigned in response to this breach. Position is tricky because i) you did not complain pre resigning and ii) you asked to retract your resignation which arguably suggests that either there was not a breach or you have now decided to 'waive' the breach.

But to be honest from what you have said in your email it does sound a bit hopeless. Employer have offered you the new position on a six month contract but you have turned that down. It is going to be an uphill battle to show that i) your FW was not binding, that is the full time job was still yours, it appears that was ended by mutual agreement and you were to be part time from Jan ii) that you were construtively dismissed from your job (which was agreed to be part time from Jan).

It sounds v tricky. Check home contents to see if you have legal expense cover, if you do find yourself a good lawyer, look in Chambers for a lawyer who is highly ranked in discrimination cases. Failing that go to CAB/Working Families 0800 013 0313 as give the complexities of your case it is probably worth speaking to someone. Get on with this as employment cases have strict time limits which must be complied with, generally three months less a day of the act complained of.