Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
When did you resign?
I resigned 24 Nov and worked out 1 month's notice, finishing Christmas Eve.
On what grounds would the discrimination apply?
Is there a discrimination when it comes to part time status and rights within that?
yes but it is not called discrimination, that is different. It is protection from less favourable treatment on grounds of your part time status, so basically you have protection from being treated detrimentally because of being part time when compared to a full time worker, as long as the treatment cannot be objectively justified.
let me get my full response ready please
This could potentially amount to constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. At the same time, or instead of that claim, you may also consider the claim for detrimental treatment due to your part time status.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
So are you saying it could be constructive dismissal based on breach of contract, as my trust and confidence have been broken?
If I were to approach the company on the settlement agreement compromise, is it better to have this written by a legal expert or to do it myself?
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?