Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you worked there for?
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.
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Yes I am
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
ok and do you have the same responsibilities as the others?
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
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You do not legally have to do so but if it is possible it is recommended.