Is this a fair redundancy - advice needed for meeting this week

10marjorie

Hello

Not sure if anyone can help me but on return from maternity leave a few years ago I returned to work 4 days a week and received a new contract with 4/5’s of my original salary. Two years later I was told that due to ‘business reasons’ my 4 day a week role would be made redundant and the new role now requires 40 hours 5 days a week to cover additional work in the new job description.

I have a trial period of 3 months in this role and 2 months in I have told the company that the new role is unsuitable due to difficulties with childcare, which was my original concern.

My main concern however is that I was told I had to work 5 days a week due to change in ‘business needs’ (they told me there would be additional work once a new system was in place but this system isn’t in place yet) but in the last 2 month trial period while I have been given a new job description I haven’t had one meeting relating to the new role or been asked to do any additional work, so am working longer hours than I wanted but with no increase in work load.

Would this be viewed as constructive dismissal or similar – asking a mother to increase her hours, knowing she doesn’t want to do this, but then not actually giving her any additional work to do to fill these hours when she trials the role?

Any advice would be appreciated…

Emmzi

what did they say when you pointed out there was no extra work? does the job require customer service eg call and email answering 5 days a week?

Googlewhacker

why would they want to pay you more if there is no more work, sorry it sounds a bit paranoid to me.

I suspect you are actually doing more work, even if it is something like being cover for the extra day etc.

10marjorie

When I pointed out there had been no extra work my boss said there was extra work but it was her fault for not giving it to me as she hadn't organised any meetings with me. The extra work was based on a new system being introduced so I could provide analysis reports but this is not coming into force until July earliest from what I am told. So basically they are paying me more for doing no extra work but I think they also knew that I wouldn't want to do a full time 5 day week long term.

Emmzi

if you can keep going for a few weeks after system is introduced, you will know - until then you are guessing.

to confirm, you are not covering customer cover or reception or anything? You do need to answer ALL the questions for people to help.

10marjorie

Emmzi - I do not hold a role that particularly needs me there for specific enquiries on the 5th day. With regards to waiting until the system comes into place this will be July earliest (probably later) and I only have another few weeks left of my 3 month trial so I have to make a decision now.

My thoughts are why make me start 5 days over 2 months ago when there has been no increase in workload (particularly as I found I wan't fully filling up my 4 days with work in the first place and if anything came through on the 5th day I dealt with it on my blackberry even though it wasn't urgent).

jazzyman01

If your boss has acknowledged that she has not given you the work and you are not likely to get the work until July request a return to your old arrangement and then the trial to recommence when the new work when it is in place. Ask verbally and follow up in writing.

At the moment I cannot see that this is a redundancy situation as nothing has changed.

Googlewhacker

jazzyman01 wrote: »

If your boss has acknowledged that she has not given you the work and you are not likely to get the work until July request a return to your old arrangement and then the trial to recommence when the new work when it is in place. Ask verbally and follow up in writing.

At the moment I cannot see that this is a redundancy situation as nothing has changed.

This is the best advice.

Nassy

You cannot be made redundant because you are a part-time worker or because you made a flexi work request.
It sounds like they may be skating on some thin ice to want to change your terms and conditions (you are contracted to work flexi time) if they do not have reasonable business reason for this. It is not clear whether they have a good business reason to change your hours since they have increased your hours before this 'new system' has been put in place.
You may be being discriminated against for being a part time worker since it sounds like they know you will find it hard to cope yet but have still introduced full time work even when not strictly necessary. Or may be they are just being a little bit incompetent at introducing a new system (but they should consult you on this) and getting your new role sorted.
Having worked there, I am sure you will have a feeling which is the likely truth.

I think you need to point out that they agreed to reducing your hours and that they should stick to the T and C's they agreed to, since there is clearly no extra work to cover.
Make it clear, that while you realise they are paying you more now, you wanted to be paid less to work less for good reason that they previously accepted.
Then ask (politely but firmly) to go back to doing a 4 day week until the new system is in place and until it actually becomes clear that you will have too much work to do.
Until there is a proven increase in workload you should stand your ground I think.

If they don't back down then raise a grievance and I would make it clear there what your rights are a part time worker are in relation to redundancy. This should hopefully make them think.