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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If you are in a Permanent part time position as per terms of

Resolved Question:

If you are in a Permanent part time position as per terms of employment can you be made redundant or given notice if the position requires the incumbent to go full time and they do not wish to do so
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?

Customer: replied 6 months ago.
2 and a half years
Expert:  Ben Jones replied 6 months ago.

What are the reasons for making the post full time?

Customer: replied 6 months ago.
I was working full time then she offered me the permanent part time role from 21st March (signed and contracted). She then employed another full time member of staff. Then she wanted to find another part time staff member to work the days I wasn't. She said she's been unable to find someone who wanted part time.
Customer: replied 6 months ago.
She "offered" me the role but her exact words were "I need someone full time by September however I wouldn't want you to take it if you weren't in it for long term, which I don't think you are."Not exactly a clear question however I did decline the offer but at no point did she ask me to leave in September and I did not agree to do so.After this conversation, I went on 2 weeks holiday in this time she interviewed and signed contracts with a new member of staff who is due to start on August 4th. On my arrival back from my holiday I notice a piece of paper on the notice board in the office with all the members of staff names and under my name it said "until sept."I spoke to her about this and she said "sorry you found out that way" again at no point I agreed I'd leave. Then on Thursday 30th I was given a letter saying I was a temporary part time member of staff. And with claims that I agreed to leave. Attached with a letter for me to sign saying that I agree to leave on August 31st.
Expert:  Ben Jones replied 6 months ago.

The employer is able to decide that they no longer require a part time position and wish to change it to a full time post. This is going to meet the definition of redundancy because they no longer require employees to undertake a specific job and in effect that role will disappear (i.e. the part time role will disappear and will be replaced by a full time one). Therefore, the person employed in the part time position would be made redundant and replaced with someone doing the full time role.

However, if someone is at risk of redundancy the employer has a duty to consult with them and to offer them suitable alternative employment that may exist in order to avoid having to make them redundant. You have more than 2 years’ service so you are protected against unfair dismissal, which means the employer has to ensure a fair redundancy procedure has been followed. By the looks of it here they have failed to follow a fair procedure because they should have consulted with you, offered you the newly created position and only if you formally rejected it should they be proceeding with the redundancy. They cannot just change your status now to a temporary position and try to avoid redundancy that way because clearly that was not how you were initially employed.

So whilst you are not obliged to take the full time role if you believe it is not suitable for you, you should still be entitled to claim that this is redundancy and also get your redundancy rights and pay as a result.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 6 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
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 6 months ago.

Thank you. In the event that they dismiss you and decide not to pay you redundancy when you were due redundancy pay, you may consider taking the matter further to the employment tribunal. You have 3 months to do so therefore you must act quickly.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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