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Employment Problems Do you have problems at work for any reason including disability, harassment, discrimination? Are you facing disciplinary action? Are you failing to get employment because of some disability or discrimination problem? Discuss it here.

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Old 21st November 2008, 14:01   #1 (permalink)
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Where else can you earn 8% interest on your money?
Start your County Court claim NOW!!!

Cagger since : Nov 2008
Posts: 1
hellywelly21 Novitiate
Default sacking over child care

Hi,can anyone help?

Been with my employer 5 years they want to change my hours on a Saturday from 11 till 8 pm to 12 till 9 pm. I have a 5 year old daughter and i dont have child care for this last hour,my boss has said if i dont do it he will start to terminate my employment,can he do this? Can he sack me over no child care?
I am handing in the forms today to apply for flexible working see if that helps
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Old 22nd November 2008, 18:00   #2 (permalink)
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Cagger since : Jun 2008
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elche Informativeelche Informativeelche Informativeelche Informativeelche Informative
Default Re: sacking over child care

Quote:
Originally Posted by hellywelly21 View Post
if i dont do it he will start to terminate my employment,can he do this?
Hi Helly

Shame no-one answered sooner - I think your short post does raise quite a few potential issues.

Firstly, don't worry too much, you have 5 years service. Thus, assuming your employer wishes to avoid litigation, it is unlikely they'll dismiss you without giving it much thought.

I think all things considered there could be a potential claim of indirect sex discrim - if they impose the change in hours. There is also of course the constructive dismissal argument if the change is imposed .

Their chances of defending this will depend in part on the reason for the change in hours

Please tell us what the reason is?
What, exactly, do any written documents (Offer Letter, SMT, Handbook etc) state regarding your working hours?
What has custom and practice in working hours been over the last 5 years?

In my opinion the best guide to flexible working on the web is Flexible working: the right to request and the duty to consider - BERR

Finally, you have been there 5 years - the job can't be that bad - I appreciate you shouldn't have to do this, but with the current economic situation, Is arranging an extra hour childcare going to create less problems in the long run?

Regards

Che
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Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to tip the scales. I am sorry that current work commitments limit the amount of time I have for CAG's Employment Forum. Nonetheless, I'll try to drop in as often as possible.

'Venceremos'
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