Made Part Time. What Can Be Done?

[sploits]

Hi,

 

This is for a friend so hopefully I have the full story and its correct.

 

A woman I know works for a firm and has done for the past 3 years. 10 months ago another woman was brought in to help with the work load.

On paper they women both do different jobs but if one of them is on leave/sick they can easily cover each others roles. Recently the work load has declined and things have got quiet (quite possibly a blip). The lass I know was taken into the office and was told that as of next week she was to be going part time. The other lass was not told this and is staying full time.

Can they do this?

She is also 17 weeks pregnant if that has any significance on the matter.

 

Thank you kindly in advanced

[Uncertain]

Hi,

 

This is for a friend so hopefully I have the full story and its correct.

 

A woman I know works for a firm and has done for the past 3 years. 10 months ago another woman was brought in to help with the work load.

On paper they women both do different jobs but if one of them is on leave/sick they can easily cover each others roles. Recently the work load has declined and things have got quiet (quite possibly a blip). The lass I know was taken into the office and was told that as of next week she was to be going part time. The other lass was not told this and is staying full time.

Can they do this?

She is also 17 weeks pregnant if that has any significance on the matter.

 

Thank you kindly in advanced

 

Well, unless her contract has a clause allowing them to vary her hours then they are in effect dismissing her and offering her a different job.

 

They may be able to argue that her full time role is redundant, however they need to handle this correctly and fairly. Does her colleague have different or additional skills? If not then last in, first out is a good starting point in redundancy situations.

 

Assuming they know she is pregnant then there is a strong implication that she is being discriminated against for this reason - which is of course illegal.

 

Your friend needs to get some first hand advice. Phoning ACAS would be a good start. It is worth checking if her house insurance (or any other) provides legal cover - many do.

[R&J]

Sounds to me like someone is trying to make her redundant or reduce her to part-time wages before she goes on maternity leave.

 

Employees have the right not to be subjected to any detriment by any act of the employer for a reason related to pregnancy.

 

It seems fairly obvious what is happening here, more information required though. Was she given a choice about part-time work, or was there any consultation?

[sploits]

Thank you for that Uncertain, will tell her to contact ACAS.

 

R&J no she wasn't given the choice she was basically told she was going part time. And yet they didnt reduce the other womans hours at all.

 

Also the company know that she is pregnant.The company have recently paid off 13 blue collar workers on the basis of last in first out.

 

Her collegue may hold more skills due to her age and time in employment with previous employers. But she was brought in to take some of the work load off my friend.

 

Thank you all for your replies so far

[mariefab]

Her employers are on very dodgy ground here.

If they are cutting her hours because she's pregnant it's unlawful sex discrimination.

If they cut her hours without her consent while she's pregnant it's breach of contract.

See the link below from the government's own website.

 

Working when pregnant : Directgov - Parents

[mariefab]

What does your friend want to achieve here?

Is it just to go back to full time work?

Does she intend to return to this job after her maternity leave?

How does she think that her employer would be likely to respond in the short and long term when challenged on this?

 

For now, I suggest that your friend should present her objections to her employer as soon as possible in writing. (Keeping a copy.)

 

The title of the letter should be Grievance.

She should write that:

She does not consent to her hours being cut.

The other employee has worked there for less time and was brought in to help with the workload.

As they cover each other's absences, they are equally capable of filling the full-time role.

In the absence of any satisfactory explanation, she believes that the reason for her selection for part time work is her pregnancy.

Anything else that she feels is relevant.

She would like a formal meeting to discuss this.

 

(P.S. It isn't her role to point out that are breaching employment law. Depending on how they respond to the grievance they may find out the hard way.)

[sploits]

mariefab, yeah she just wants her full time job back. She has been on to her boss and told her that she is not happy. The boss has called her in today so I'm now just waiting to find out the outcome and if need be I will be straight back on here seeking people's wonderful advice

[sploits]

Hi,

 

Just a quick update to the situation (albiet it not a good one).

 

My friend has said she is not going to accept the part time role. Her employer has now said that if she does not accept the part time role they will have no choice but to sack her work collegue. She now feels even worse because she feels if she doesn't accept the part time offer she will be putting her co-worker out of a job.

 

The thing that doesn't really swing it for me though is that soon she will be on maternity leave and IF they have paid off the co-worker there will be NO-ONE to do the job. She works on a nuclear site and it takes weeks to get the clearance to work there. If the co-worker goes then unless they start interviewing now they wouldn't be able to get anybody in time to cover the maternity leave.

 

Also my friend ended up in hospital with all the stress she is going through at the moment with it. Not good for her or baby

[mariefab]

Her employer has now said that if she does not accept the part time role they will have no choice but to sack her work collegue.

 

The responsibility is solely the employer's. The decision is their's to make, not your friend's.

 

The thing that doesn't really swing it for me though is that soon she will be on maternity leave and IF they have paid off the co-worker there will be NO-ONE to do the job. She works on a nuclear site and it takes weeks to get the clearance to work there. If the co-worker goes then unless they start interviewing now they wouldn't be able to get anybody in time to cover the maternity leave.

 

So the chances are that they are bluffing with their threat to sack the other employee. They are emotionally blackmailling your friend to try to save money.

[sploits]

Her employer has now said that if she does not accept the part time role they will have no choice but to sack her work collegue.

 

The responsibility is solely the employer's. The decision is their's to make, not your friend's.

 

The thing that doesn't really swing it for me though is that soon she will be on maternity leave and IF they have paid off the co-worker there will be NO-ONE to do the job. She works on a nuclear site and it takes weeks to get the clearance to work there. If the co-worker goes then unless they start interviewing now they wouldn't be able to get anybody in time to cover the maternity leave.

 

So the chances are that they are bluffing with their threat to sack the other employee. They are emotionally blackmailling your friend to try to save money.

 

Hi mariefab,

 

thats exactly what I thought. My friend is coming to see me today so will find out more news (if any). I am trying my best to make her stand firm and not take the part time role but I think she may crack as the pressure is obviously getting to her. Her employers are basically being @rseholes