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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My employer is asking me to work during school holidays and

Resolved Question:

My employer is asking me to work during school holidays and leave my 11 year old daughter alone at home for 8 hours. Is this right?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. How much advance notice have you give your employer holiday dates?
Customer: replied 1 year ago.
Hi Alice,
The arrangements about being part time / bank my hours so I could use it when its needed was done 10 years ago when I had my little one. Now its her first year in seconder school I have given them the holidays dates back in October 2015 and they have a copy of school forms.ThanksSitara
Expert:  Jenny replied 1 year ago.
Hello my name is***** am an employment lawyer and I am happy to help you today. Have they given you any formal notice of a change in terms and conditions?
Expert:  Jenny replied 1 year ago.
Hello have you been given any formal notice of a change in terms and conditions?
Customer: replied 1 year ago.
They only told me last Thursday.
Expert:  Jenny replied 1 year ago.
Ok if you have always been allowed to work this way since your daughter has been at school then this would amount to a change of terms and conditions of your employment. They cannot change your terms of agreement without your agreement or without giving you formal notice of a change. If they did decide to change your terms and conditions and give you formal notice you can either accept the change or refuse and take your employment as terminated by the employer and claim unfair dismissal. In the first instance I would raise a grievance about this to say it is unlawful for them to change your job in this way. You can also say that you believe it amounts to indirect sex discrimination as it has a disproportionate affect on women than men as they are more likely to have child care responsibilities. Please let me know if there is anything further you would like to know. If I have answered your question please take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hello Sitara is there anything further you would like to know?
Customer: replied 1 year ago.
Dear *****ny,
Thank you for all your help.
Just one last question, if I don't accept these changes what are the chances of losing my job? Also due to medical reasons I have been going to hospital and physio which meant that I couldn't be in work on my contract hours but I had given my employers notice regarding my appointments and I have made my hours a week by working late. Can they this as a reason to terminate my employment.
My husband is working away from home so I can't do much about childcare and I don't want to get unemployed too. I have been working really hard to make sure that all orders out on deadline. If I change my job title they might reduce my income.
Expert:  Jenny replied 1 year ago.
Yes it could be that you are being targeted for these reasons, are they changing anyone elses' hours?
Customer: replied 1 year ago.
No, I don't think they are changing anyone else.
But I have always kept them informed about my appointments and again it was said they will take the hours out of my banked hours but mostly I have been making up my hours.
Expert:  Jenny replied 1 year ago.
Hi can you explain the medical reasons you are having time off, I just want to check you are not being discriminated against for disability reasons as well as the definition of disability is different for employment than it is for social security purposes?
Customer: replied 1 year ago.
I have got a problem with my knee and my lower back, I have been going to hospital for test and physio appointments. Also I need to have regular blood tests for my liver problem. Both of this health problem they are aware for many years.
Expert:  Jenny replied 1 year ago.
It is possible in that case that this also amounts to disability discrimination if you are the only person that they are changing the hours of. I would definitely raise a grievance about this. You cannot lose your job for raising a grievance as this would amount to constructive dismissal and also to disability and sex discrimination. I would now be grateful if you would please take the time to rate my answer as I am not otherwise paid for the time I have spent working on your question. I will be happy to answer any follow on questions you may have.
Expert:  Jenny replied 1 year ago.
Hello Sitara do you have any further questions about this?
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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