Employer is forcing me to go back full time, but my child has mental health issues

It is difficult to fully advise without sight of the relevant employment contract documentation, but the first step would be to establish the contractual position. Arguably, whilst you were originally contracted on a full-time basis, your contract has been varied over the years and your current terms are four days a week, albeit you do state that this agreement was with a view to you returning to increasing your hours when things improved, which indicates an expectation on the part of both parties that the aim is to revert to the position pre- furlough when you were working full time. It is therefore not clear that this was intended as a permanent change of working hours. However, your circumstances have changed and you are not in a position to revert to full-time working. If you are wanting to obtain a permanent change to your working hours then you could consider submitting a flexible working application.

However, the manner in which you describe your employer is handling is (irrespective of what may be in your written contract or whether there is an agreement that you would return to full time working when things improved) may give rise to the issue of whether your employer is in breach of the implied term of mutual trust and confidence in the light of their recent treatment of you, in which case you could consider submitting a grievance. One of the outcomes that you would be wanting to achieve from this would be certainty over your hours of work. If your grievance cannot be resolved to your satisfaction, then you should take advice at that stage as to your options and consider whether you have grounds at that stage to resign and claim constructive dismissal.

Additionally, if your daughter has a disability within the meaning of the Equality Act 2010, you may have a claim for associated discrimination. The requirement to insist on you working full time, rather than part time, could be capable of amounting to indirect sex discrimination, as more women than men statistically have more family commitments. However, the requirement will not be discriminatory if it is objectively justified by your employer.

There are strict time limits for submitting discrimination claims to the employment tribunal, which is within three  months of the date of the discriminatory act complained of.

I would recommend in the first instance that you submit a grievance as outlined above.

*Tracey Guest is head of employment and a partner at Slater Heelis in Manchester. She specialises in employment law and is also a working mum.

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