Help with resignation

JVRMac

Hi

I've been working for my current employer for 5 months on a 12month fixed term contract. When I applied for the position I originally applied for a part time role as they were recruiting both full time and part time, but when I attended the interview I said I could work full time but would prefer a part time position so as to increase my chances of gaining a position.

I was offered and accepted a full time position, however after several weeks I was struggling to cope with the long shifts and asked if I could go part time, the request was immediately declined, which was fair enough, but a few weeks later when the school broke up for Easter I had a hard time arranging childcare to cover my shifts, but I managed without it interfering with work, but I knew I would really struggle come the 6 weeks holiday, so I had a word with my boss and told him I would probably have to leave come July as I didn't think I'd be able to work the long shifts once the school holidays began, he told me not to worry and that I could request a temp reduction in hours for the period, as it would be a shame to lose me as my performance had been excellent. So early June I wrote my request to temporarily reduce my hours and 1 week before the start of the holidays they finally came back to me and said no.
Now I must admit I didn't think they would just flat out refuse I expected some negotiating over the hours I could do but not a No! The infuriating thing is is that full time permanent staff who work along side me are able to work term time only and various other family friendly hours including flexi time, now as I'm a temp I'm told that doesn't apply to me, surely this is discrimination as we are all doing the some role?

So I'm currently off sick at the moment as the short notice has left me with no ability to arrange childcare and am currently looking for another job, however I have decided that I cannot continue to work for a company that doesn't value me and feel that I have been misled so have decided to hand my resignation in. However I am having difficulty wording the letter as would like to get the point across about discrimination however not sure what rights I have as a temp to claim this, if that makes sense?

Any help or advice would be greatly appreciated.

DVardysShadow

JVRMac wrote: »

... So I'm currently off sick at the moment as the short notice has left me with no ability to arrange childcare and am currently looking for another job, however I have decided that I cannot continue to work for a company that doesn't value me and feel that I have been misled so have decided to hand my resignation in. However I am having difficulty wording the letter as would like to get the point across about discrimination however not sure what rights I have as a temp to claim this, if that makes sense?

Any help or advice would be greatly appreciated.

You are putting yourself well in the wrong here. You are not sick and if you are getting statutory sick pay, you are leaving yourself open to a lot of trouble.

Now, as for discrimination, you are being discriminated against for being on a fixed term contract, but that is not a discrimination recognised by statute. So you would do better to use another way of describing it. So for example:

In not allowing any flexibility it is obvious that you are treating me less favourably than other employees who have similar childcare issues

juliettelixora

that's just so unfair to your side. And you even exert your effort to gain excellent standing on your work. There is some hidden agenda and bias discrimination in your working place. And it's bitter if you resign since it will be there lose and losing a good employee like you is a big lose to them.

And besides you are not a machine were in you can't serve to things all at the same time. And in the first place you reality cleared your status that you want to work as a part time.

InsideInsurance

I wouldn't agree that it is really unfair.... you say you thought you could only manage part time but then took a full time job knowing that there would be future problems.

You should have stuck to your requirement for part time work and if you failed to get the job because they needed full time that would have all been understandable to everyone.

Given that is water under the bridge, the only real option is either to resign, in which case you have to work your notice (I assume its short as a fix term employee) or negotiate with your colleagues who are less than full time and could cover your role about them upping their hours to cover your shortfall and see if the company will accept the hours being moved around rather than you simply asking for less hours with no proposal as to how the company deals with the shortfall

SarEl

DVardysShadow wrote: »

Now, as for discrimination, you are being discriminated against for being on a fixed term contract, but that is not a discrimination recognised by statute. QUOTE]

Ermm - actually - it is! The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. If the employer has actually said that employees on fixed term contracts are not entitled to the legal right to ask for family friendly working hours (which is different to the right for them to be agreed - which does not exist), then they have indeed treated someone less favourably because of a particular characteristic (being on a fixed term contract) which is discrimination and in breach of the law - on several counts!

JVRMac

Thanks for your replies, just to try to explain a little more as I appreciate it probably doesn't sound unfair as a temp position is to cover a specific need which I fully appreciate. Once I discovered I wouldn't be able to fulfil the hours I was fully prepared to work until the start of the school holidays. However after discussing this with my boss I was led to believe that I wouldn't have to take such drastic action as this employer has many family friendly policies in place and even has a quarterly survey to ensure they are meeting a work/home life balance which is great if you are a permanent member of staff. Also a lot of the people who I work with are on special family firendly terms and have been telling me not to worry as they are 'great' at this type of thing. So for the last couple of months I have been under the impression that all would be fine, keep doing a really good job and they will see how valuable you are to them, which is what I have been doing.

Now like I said I put my written request in at the beginning of June, and have sent several more emails chasing this up, then in July I get a meeting to go over the reasons for my request and what alternatives I have looked at, then another meeting a week later to get some further info, then 1 week before the school holidays start I'm told that they are unable to accomodate my request as per my contractual agreement I agreed to work a set shift.

I'm currently off work with anxiety and they have been ringing me up to try to arrange a return to work and say they are now willing to look at my request but need to go in to discuss it. To be honest I don't think I can go back, it's not what I want to do, there is no chance of being taken on permanent and I feel very let down and misled and I don't want them to have to give me the reduced hours just because I'm now on the sick. Also I'm not blaming my boss or my colleagues as I believe they genuinely thought that this wouldn't be an issue due to the current culture, which is why I feel discriminated against because it is so blatant. All of which is why I have decided to hand my notice in and am trying to put across all of this in my resignation letter but I'm finding it very difficult to word.

SarEl

That seems a rather drastic response. You aren't blaming your boss or your colleagues, who you seem to have a good working relationship with. This was never about "whether they will take you on permanant" (because you have no idea what the future may bring, but that also wasn't on the table and has nothing to do with any of this) and they are now offering to discuss excatly what you asked for, which perhaps they should have done from the start, but equally they had a legal right to say no.

Is this really about the hours, or have you simply decided that you don't want to work there / work at all and want a good enough reason to resign? Because if that isn't the case it seems that you are cutting off your nose to spite your face in giving up your employment over having, apparantly, proved your argument and also, it would seem, getting your manager to go in to bat for you.

KiKi

SarEl wrote: »

Ermm - actually - it is! The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. If the employer has actually said that employees on fixed term contracts are not entitled to the legal right to ask for family friendly working hours (which is different to the right for them to be agreed - which does not exist), then they have indeed treated someone less favourably because of a particular characteristic (being on a fixed term contract) which is discrimination and in breach of the law - on several counts!

I was going to say, I'm sure FTC staff are as protected as permanent ones!

However, I also agree with the assessment that it seems the OP is unhappy with the job full stop and perhaps just needs to go. Issues are being muddled.

KiKi

DVardysShadow

SarEl wrote: »

DVardysShadow wrote: »

Now, as for discrimination, you are being discriminated against for being on a fixed term contract, but that is not a discrimination recognised by statute.

Ermm - actually - it is! The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. If the employer has actually said that employees on fixed term contracts are not entitled to the legal right to ask for family friendly working hours (which is different to the right for them to be agreed - which does not exist), then they have indeed treated someone less favourably because of a particular characteristic (being on a fixed term contract) which is discrimination and in breach of the law - on several counts!

Point accepted. I thought the legal reasons were only gender, race and age. As there are statutory regulations to be quoted here he Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, then P should raise discrimination and cite these regs.

SarEl

DVardysShadow wrote: »

Point accepted. I thought the legal reasons were only gender, race and age. As there are statutory regulations to be quoted here he Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, then P should raise discrimination and cite these regs.

Agreed - technically. But I am not sure that the OP actually wants to flexible hours since the employer has now offered to reconsider and OP still wants to leave.

But there are others - gender reassignment (not just gender), disability, faith/belief, and soon, most but not all aspects of agency working. The latter, like fixed term employees, isn't thought of as a discrimination, but all discrimination is is treating people differently based on certain characteristics, of which type of employee/contract is one. The issue then becomes, is it unlawful discrimination, because, of course, I am allowed to treat you differently if I dislike the colour of your hair, eyes, or shirt.

DVardysShadow

JVRMac wrote: »

...
I'm currently off work with anxiety and they have been ringing me up to try to arrange a return to work and say they are now willing to look at my request but need to go in to discuss it. To be honest I don't think I can go back, it's not what I want to do, there is no chance of being taken on permanent and I feel very let down and misled and I don't want them to have to give me the reduced hours just because I'm now on the sick. Also I'm not blaming my boss or my colleagues as I believe they genuinely thought that this wouldn't be an issue due to the current culture, which is why I feel discriminated against because it is so blatant. All of which is why I have decided to hand my notice in and am trying to put across all of this in my resignation letter but I'm finding it very difficult to word.

OK, looks like your mind is made up. The reason you are leaving is because you don't want to work for them. It is a valid reason.

If they did come back to you and offer a reduction in hours, you are finished with them. So don't waste effort trying to express the discrimination issue. Let them work it out for themselves.