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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've been past over pay rise and bonus but the rest of my

Customer Question

I've been past over for a pay rise and bonus but the rest of my colleagues have been paid out I've been told it's because I'm part time but I still do the same if not more hours then my colleagues is this a case for constructive dismissal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
8 years
Customer: replied 1 year ago.
I'm wondering if I should quit and seek legal representation any advice would be good
Expert:  Ben Jones replied 1 year ago.

It is indeed potential grounds for constructive dismissal and also unfair treatment due to your part time status. Under law part time workers have the right not to be treated less favourably than comparable full time workers. This is a right give under The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. So if the sole reason you are not given a pay rise or a bonus was because of your part time status then that is very likely to amount to unlawful detriment contrary to these Regulations. You can therefore pursue this either as a constructive dismissal claim or a claim for detriment due to your part time status, or both.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take this 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

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
How do I leave a rating and what are the procedures should I resign with immediate effect?
Customer: replied 1 year ago.
This is my employers response to me so far
Customer: replied 1 year ago.
You still there Ben?
Expert:  Ben Jones replied 1 year ago.

Yes I am

Expert:  Ben Jones replied 1 year ago.

you can only compare yourself to workers that do the same job as you. So if it is true that you are no longer a head chef and as such not having the same responsibility as them, then even if you are part time or do more hours than them, you may not necessarily be able to take it further. However, if you did the same job as them and the reason for the refusal to pay bonus is related to your status of being part time, then that would be a potential case

Customer: replied 1 year ago.
I'm still a headchef
Expert:  Ben Jones replied 1 year ago.

ok and do you have the same responsibilities as the others?

Customer: replied 1 year ago.
I do exactly the same job if not more then the other head chefs as I've been in the company longer I'm just not allocated a site to myself I float amount the sites so my job is more demanding
Customer: replied 1 year ago.
Also if I resign can I do it with no notice? As I'm really angry as they want to force me back on contracting happy being paid hourly
Expert:  Ben Jones replied 1 year ago.

ok if you do the same job as them and have the same title and the only reason is your part time status then it goes back to my original answer that it is likely to be detrimental due to your part time status. If you were to resign and claim constructive dismissal then you do so without notice anyway - it is an immediate resignation

Customer: replied 1 year ago.
Can you recommend a good London employment law solicitor?
Expert:  Ben Jones replied 1 year ago.

Sadly we are not allowed to recommend any solicitors as that is something you need to find independently. But you can search for local solicitors to you here:

http://solicitors.lawsociety.org.uk/

Customer: replied 1 year ago.
I don't have to go into grievence with the company before I resign?
Expert:  Ben Jones replied 1 year ago.

You do not legally have to do so but if it is possible it is recommended.

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