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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
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.