Can my daughter be forced to resign? 26 June 2022 at 11:37AM in Employment, jobseeking & training 22 replies 2.3K views

Dorediva_2

My daughter is 21 and on the autistic spectrum. She has a part time job two days per week at Poundland on what I think is a zero hours contract. Her hours very each week. She has been there 7 months.  Recently, she put in her holiday dates and they were declined as they said that other people had already taken those dates. Unfortunately she was late submitting them as she didn't realise the importance of submitting early. However, the family holiday is booked and paid for and we are unable to leave her at home on her own. They have asked her to resign as they can't accommodate her request so that they can hire someone else. She has submitted a letter giving two weeks notice prior to the 6th August, but I am beginning to think that this can't be right? Any advice or sources of information gratefully received. TIA

powerful_Rogue

Dorediva_2 said:

My daughter is 21 and on the autistic spectrum. She has a part time job two days per week at Poundland on what I think is a zero hours contract. Her hours very each week. She has been there 7 months.  Recently, she put in her holiday dates and they were declined as they said that other people had already taken those dates. Unfortunately she was late submitting them as she didn't realise the importance of submitting early. However, the family holiday is booked and paid for and we are unable to leave her at home on her own. They have asked her to resign as they can't accommodate her request so that they can hire someone else. She has submitted a letter giving two weeks notice prior to the 6th August, but I am beginning to think that this can't be right? Any advice or sources of information gratefully received. TIA

There has got to me more to it then that. How did the conversation of resignation come up? Presuming she was adament that she must have those dates off?

They can ask someone to resign, doesn't mean that person has to. They can dismiss as she has been working there for less then two years - except for protected characteristics such as age,race,sex, religion etc etc

elsien

If she’s on a zero hours contract, then it makes little difference. 

She can refuse to resign (because they can’t force her to do that) but instead they can either end just her employment or stop offering her hours. 

So she really does need to check whether she’s on a zero hour contract or not, the point of which is that there is no obligation on either side so any week she would be entitled to turn down hours if she didn’t want them, including the weeks you are away. 

However if she’s already sent her resignation in, not sure if they’d now accept a retraction, 

Dorediva_2

powerful_Rogue said:

Dorediva_2 said:

My daughter is 21 and on the autistic spectrum. She has a part time job two days per week at Poundland on what I think is a zero hours contract. Her hours very each week. She has been there 7 months.  Recently, she put in her holiday dates and they were declined as they said that other people had already taken those dates. Unfortunately she was late submitting them as she didn't realise the importance of submitting early. However, the family holiday is booked and paid for and we are unable to leave her at home on her own. They have asked her to resign as they can't accommodate her request so that they can hire someone else. She has submitted a letter giving two weeks notice prior to the 6th August, but I am beginning to think that this can't be right? Any advice or sources of information gratefully received. TIA

There has got to me more to it then that. How did the conversation of resignation come up? Presuming she was adament that she must have those dates off?

They can ask someone to resign, doesn't mean that person has to. They can dismiss as she has been working there for less then two years - except for protected characteristics such as age,race,sex, religion etc etc

She is registered disabled as she is on the autistic spectrum and the manager was informed when she took the position. The store manager did ask her to resign and obviously I would rather that she did that than have dismissal on her work record. I don't know what her employment rights are.

TadleyBaggie

With less than 2 years service, employment rights are limited.

jimpwarsop

Your daughter asked for holidays and was refused, if she has told her employer she is going to take time off anyway then I'm not surprised she was asked to resign.  What do you expect her employer to do in such circumstances?

Resignation I should think is her least worst option.

elsien

jimpwarsop said:

Your daughter asked for holidays and was refused, if she has told her employer she is going to take time off anyway then I'm not surprised she was asked to resign.  What do you expect her employer to do in such circumstances?

Resignation I should think is her least worst option.

Not if she’s on a zero hours contract. That’s why OP needs to be sure exactly what the terms and conditions of her job are. 

Dorediva_2

jimpwarsop said:

Your daughter asked for holidays and was refused, if she has told her employer she is going to take time off anyway then I'm not surprised she was asked to resign.  What do you expect her employer to do in such circumstances?

Resignation I should think is her least worst option.

I don't know - which is why I was asking the question.....

lisyloo

Dorediva_2 said:

jimpwarsop said:

Your daughter asked for holidays and was refused, if she has told her employer she is going to take time off anyway then I'm not surprised she was asked to resign.  What do you expect her employer to do in such circumstances?

Resignation I should think is her least worst option.

I don't know - which is why I was asking the question.....

I think the point is that if she’s an employee it’s not reasonable for her to demand holiday at short notice especially at peak times if she agreed to be available for work.

you need to find out what her contract is.

If she is permanently employed then her options are resign, don’t turn up (pretty bad) or don’t go on the holiday and find a friend/relative to stay with. 

The only grounds for unfair dismissal in the first 2 years are discrimination, but if only a certain number of people can be off work at any one time then that is not discrimination.

if it’s zero hours than she doesn’t have to accept them. 

Ath_Wat

What do you want to achieve?   Given that they have asked her to resign, they presumably won't keep her on and start offering her hours again when she comes back - that would be something they could do, but one assumes they will choose not to.  Given that then if she doesn't resign and just turns down hours for that week, they could dismiss her, or they could simply stop offering her any hours at all.  Are either of those options better for her and you?  

TELLIT01

She can't be discriminated against on the basis of her disability, but that is not what is happening here.  She has requested leave and the request has been refused, just as it could be for anybody else who put a request in late.  Setting aside the possible zero hours contract, anybody who decides to take leave when it has been refused would be liable to disciplinary action.  With less than 2 years service, employment can potentially be terminated simply by giving the staff member the required notice.  I don't see that she is being treated in any way differently because of her disability.