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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have returned to work as an admin assistant for 3 months

Customer Question

I have returned to work as an admin assistant for 3 months now after 6 months maternity leave. I have amended my hours so I can leave at 5 instead of 6 every evening but still work the same amount of hours. I had my mid year review last week and was told that I can't work for the business manager anymore because I leave at 5pm. I have been told to enjoy my days being boring while they work out what to do with the team and who I will look after. Is it discrimination to agree my working hours then change my role because of it? I have said I would have a blackberry so I am available to and from work and can also log in from home when required. They have said I shouldn't want to do this and should spend time with my son. Surely this is my choice? The person I was looking after has been promoted recently and they wanted to send both notifications at the same time which I asked them not to as its too humiliating. It has back fired on them slightly as they hadn't asked the other person if she wanted the job before telling me I didn't have it anymore, and the other person said no. I was not notified of this by my manager but worked it out as the manager is still using me as her admin assistant. It has been dealt with so poorly and had has knocked my confidence massively. Please could you let me know where I stand? Many thanks, Mel
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

Hi Ben

Customer:

Thank you

Customer:

I've been there since December 2011

Ben Jones :

Why does the finish time make such a difference to your ability to continue with this job?

Customer:

I have no idea

Customer:

It doesn't make any sense to me

Ben Jones :

ok thanks let me get my response ready please

Customer:

ok thanks

Ben Jones :

You have the right to request flexible working hours in order to assist you with child caring issues or any other factors you need help with following ML. It is for you and the employer to agree on the terms of the flexible working arrangement so whatever changes you are both happy with you can agree on. The changes could be temporary or permanent, although if nothing is agreed about them being temporary, it would be presumed they are permanent, until new changes are agreed between you.

When you arrived at the agreement to change your working arrangements, you should have agreed on all changes that would apply. So even though the working hours were agreed, if this would have affected your ability to continue in the job you did, the employer should have made that clear at the outset and given you the opportunity to consider whether it was still something you wanted to proceed with. If they knew about this and avoided mentioning it then it could indeed amount to potential discrimination or general unfair treatment.

As to what you can do to deal with this, you should first consider any formal grievance route and let the employer deal with it that way. You can appeal any outcome you o not agree with. After that you really have two options – either remain in employment as it is and make a claim for discrimination, or resign and make a claim for constructive dismissal and/or discrimination.

Customer:

Thank you very much

Ben Jones :

you are welcome

Customer:

is there a way of me saving this for future reference please?

Customer:

thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time
Customer: replied 2 years ago.
Sorry just realised it's emailed to me ūüėÄ
Expert:  Ben Jones replied 2 years ago.
ah ok no worries, thanks

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