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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am a partner in a firm of 6 individuals. I have handed in

Customer Question

I am a full time partner in a firm of 6 partners. I have handed in my notice to resign from the partnership in 6 months time. My attempts to reduce my working hours to 3/4 full time were met with vigorous resistance by one of the partners (who aims to retire soon) . I am unable to continue full-time due to young family and requested that my hours be reduced to 3/4 rth full time. There is no clause in partnership agreement to support or oppose it. I feel let down that after having worked for 10 years just 1 partner can block changes to my working hours and wonder if this is legal. To my surprise another partner was able to reduce her working hours by 50% a couple of years ago and this wasn't discussed with me. Do I have a right to reduce my working hours?This is only for historical interest as I have already handed in my resignation.

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Are you a woman and what are the ages of your children?

Customer :

I am male children are aged 2 and 4. My house is under construction so I am living in rental accommodation. Children have to be driven 2 hours a day (to and fro) to be at nursery and prep school .I just want to help my wife at this difficult time to be available 1 extra day a week . (My house in under construction near children school but there have been delays so I am living in rental accommodation for next few months). I wasn't allowed to take 1 extra day of my annual leave every week over next 2 months to help my family.

Customer :

Man. children aged 2 and 4

Customer :

Hello Though the question hasn't been answered I keep getting reminders to rate the answer.

Customer:

Hi I am sorry for the delay in responding to you, for some reason this question was not on my list of unanswered questions.

Customer:

You should have been given the right to make a request for flexible working as you have children.

Customer:

There is a formal process for making the request and once the request is made the employer can only refuse on the basis of a prescribed statuory reason. I have appended guidance to the right for full information. http://www.acas.org.uk/index.aspx?articleid=1616&gclid=CjwKEAjwqamhBRDeyKKuuYztxwQSJAA1luvG3E-Njx50s5tTui04mah-wxfWF52vpA98XOrtiRiPPxoCY3_w_wcB

Customer:

If the employer agrees to the request the outcome would be a permanent change to your terms and conditions of employment.

Customer:

If you think that your request was handled differently because you were a father not a mother you might also have an arguement that the failure to properly consider it amounts to sex discrimination.

Customer:

This is something you could pursue after resignation so long as you raise a complaint within 3 months. You would need to raise a formal grieavnce first.

Customer:

If you have any further quesitons please do ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer :

Many Thanks excellent

taratill and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Folllow on question do those regulations still apply if I am a partner and not an employee but the other partners and manager do not let me go part farm for family reasons or is it for employees only

Customer: replied 2 years ago.

I am a partner not an employee do these regulations still apply

Expert:  taratill replied 2 years ago.
Hello sorry for the delay. The regulations apply to employees. Whilst you are a partner this would not necessarily preclude you from being deemed to being an employee from an employment law point of view with regards ***** ***** work you carry out. If you would like more information about this please do let me know.
Customer: replied 2 years ago.

ok am I still allowed to reduce my working hours during the notice period(I am required to give 6 months notice to leave). There is no clause regarding this in the practice agreement. I am concerned that if I was to ask for a reference in future, despite 10 years of partnership the Manager(employee( or other partners might not provide me with a true or accurate references as they may have problems recruiting new partners due to various reasons including buy in amount.

Expert:  taratill replied 2 years ago.
Hi I will be online in the morning and will answer this then.
Customer: replied 2 years ago.


ok

Customer: replied 2 years ago.
I will rate the service once I have had a reply thank you
Customer: replied 2 years ago.

Thank you I have had several requests to rate the service again(about 8) but haven't had a reply could you please post a reply and I can rate the service many thanks

Customer: replied 2 years ago.
Relist: Incomplete answer.
no reply to later questions after rating despite 3 requests

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