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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
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?
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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