How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49862
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Type Your Employment Law Question Here...
Ben Jones is online now

I returned to work on a 28 hour basis in June 2013 after being

Customer Question

I returned to work on a 28 hour basis in June 2013 after being on maternity leave. I have never had any suggestion that I was not performing in my role. In November 2014 I was given 4 weeks notice and told that due to an upcoming restructure I had to work full time. In December we were offered vr or to be mapped across on a full time basis to a new role. I made it clear I was unable and unwilling to work full time due to my childcare arrangements and home/work life balance. I have been told too many people have applied so will not be getting it as I have scored too highly against my colleagues who have also applied.
I have been told I have the option of applying different role within the company (effectively a demotion)work full time in this role or leave
Would I have a case the company to court as feel I am being put in a position where I will have to resign?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. Was it agreed that the reduction in hours after ML was going to be permanent? Just to let you know I am going offline shortly so may not be able to respond fully until tomorrow, thanks in advance

JACUSTOMER-y8gzbb2c- :

I was told that it would be reviewed regularly.

JACUSTOMER-y8gzbb2c- :

I just feel that as I have been given the opportunity to be given redundancy as I am not able to fulfill the role as they now require and I did opt I should have got it

JACUSTOMER-y8gzbb2c- :

Especially as now I am having to apply jobs at my managers request!

JACUSTOMER-y8gzbb2c- :

O was initially told it would be review after 3 months and if I was performing it would be extended

JACUSTOMER-y8gzbb2c- :

As I say it continued like this maths.

JACUSTOMER-y8gzbb2c- :

The reason my business has given me is that they require a manager in at all times (I am a bank manager) however I have been offered to a branch that opens Saturdays and to work a Saturday and have a fixed day off in the week.

JACUSTOMER-y8gzbb2c- :

In my mind this is not having a manager in at all times and so is saying to me that it is not that they want someone in all of he time but do not want to employ part time managers (I work 4 full days)

Ben Jones :

, if you returned to work on a flexible working arrangement, whilst the employer can keep that long as necessary, if their circumstances change they may have to amend the hours or the job you had agreed to. So the fact you have been given the authority to reduce your hours does not guarantee this would continue indefinitely or long as you want it – business needs can change.

If the employer is proposing that you would have to return on a full time basis, you still have the right to make another formal flexible working request. When a formal request is made, an employer can only reject it on a limited number of grounds. These are:

  • Planned structural changes

  • The burden of additional costs

  • A detrimental impact on quality

  • The inability to recruit additional staff

  • A detrimental impact on performance

  • The inability to reorganise work among existing staff

  • A detrimental effect on ability to meet customer demand

  • Lack of work during the periods the employee proposes to work

In addition, the employer has a duty to explain their rejection in writing. They must state why the specific business ground applies in the circumstances and include the key facts about their decision. These should be accurate and relevant to the reason used.

However, when selecting the ground the test is a subjective one on the part of the employer. If the employer considers that one of the grounds applies, then the test is satisfied. The test does not create any requirement of reasonableness into the employer's judgment. It would appear that only if the employer's view is based on incorrect facts, could the decision actually be challenged.

In terms of the VR, if you apply there is unfortunately no guarantee you would be given it so you cannot challenge the employer if they had decided you are not going to be selected .

However, if your current job no longer exists and you cannot be found suitable alternative employment, the employer should still consider you redundancy, even if you were rejected . You cannot be forced to take on an unsuitable alternative, such as the effective demotion, nor to change your hours so if you are forced to leave but have not been offered redundancy then you could consider taking them to the employment tribunal dismissal. You have 3 months to do so from the date your employment terminates and before you are allowed to claim you would have to use the free services of ACAS to try and negotiate a financial settlement in order to try and avoid the need action.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks