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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44327
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ive been employed by the same place for 15 years. Over time

Customer Question

I've been employed by the same place for 15 years. Over time they have changed the qualifications required. I have been working continually to try to upgrade mine to the new level. I work 2 and a half days per week. And have been battling for more hours for about 7 years. I'm continually overlooked in favour of bringing in new temp staff to cover extra hours. I have had my working days changed often each year and had to give up a part time extra job because of day changes. Last year I got some extra work for a few weeks resulting in the withdrawal of tax credits this year. I have been overlooked again in favour of temp staff and new staff to be deployed soon. My employers despite my asking for more available hours have ignored me. They have made it impossible for me to fill the gap with other p/t employment due to constant day changes but won't give me extra hours when they are available. I'm now in a position I may have to resign to get another full time job in order to pay my bills. I'm a single parent and have left only £50 pw to live on. It's a college of further education and despite seeking union advice I have got nowhere. Other new pt employees who are business owners have been consistently given full time hours and evening classes thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Why do you think you have been overlooked?

PS: As it is quite late I will be going offline but will respond fully first thing in the morning, thank you

JACUSTOMER-hse833t0- : They tell me they can't deploy me in certain classes until I up grade.but most of the extra hours that they are employing other staff for a well within my remit. Also the constant changing of days each year makes it impossible for me to find pt employment to fill the gap. Now I've been denied extra hours again after losing my tax credits. A d my former pt job because of constant changes
Ben Jones :

Good morning, there are a few of ways you may be able to approach this. One is by arguing that you have been treated unfavourable due to your part-time status, a second is that this is indirect sex discrimination because you are working part time due to child care and the practice they have applied places you at a disadvantage, and finally it could be a general breach of trust and confidence which can result in constructive dismissal.

Before any formal legal action is even considered, you would be expected to try and resolve this directly with the employer. Whilst informal complaints can be used as a starting point, it may eventually require you to raise a formal grievance in relation to this. This will trigger a formal process requiring the employer to investigate the issues you have raised, identify if anything has gone wrong or could have been dealt with better and suggest and implement changes.

It is possible that they may reject some or all of your complaints, in which case you have the legal right to appeal their decision. If the appeal fails that is when you may have to take more drastic steps, up to and including legal action.

As mentioned there are a few options for you although none would necessarily be easy to pursue. The claims for unfair treatment due to part-time status and indirect sex discrimination can be made whilst you are still employed by them but need to be submitted within 3 months of the act complained of occurring. The constructive dismissal claim can only be submitted if you have resigned and needs to be made within 3 months of you leaving. If you do leave and pursue that option you can then make all 3 claims at the same time. You may find that once the claims have been made the employer considers offering you financial settlement in order to avoid dragging this through the tribunal system, although there is of course no guarantee of that. You may also wish to consider negotiating a settlement to leave during the grievance process.

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