Is my job under threat since I returned part time?

I have been employed by my firm for many years on a full-time basis until I had my daughter and came back part time recently. They had employed the person covering my maternity and suggested I move to another office who could offer part-time hours to me. I didn’t want to make too much fuss and felt obliged to take the offer. I was also moved to another role and office temporarily after furlough.

I recently had a negative 121 with my line manager who raised an issue about production of work, suggesting that this is currently on the slower side than previously. My work ethic has not changed. When I asked for examples, the examples they gave were all minor and nothing major was noted. I felt the minor things they brought up were not appropriate.

They also stated I would not be receiving a salary increase due to benchmarking research; I have received only one salary increase and bonus since returning from maternity leave and returning from furlough. I have spoken with other colleagues in my team who are full time and they have all received a salary increase.

Also, my personal life was brought up in my 121 as an issue – health and care issues – and they believe these aspects are contributing to my slow production of work. Again, this has never been an issue and I do not discuss matters of my private life at work unless there is a need to.

I disagreed with the suggestion my work production was slow and my line manager said she would schedule a review of this.

Is this treatment meeting my equal rights as an employee? I am very concerned that I am at risk of losing my job and feel they are clutching at straws to terminate my contract. I do not like to make too much fuss but feel I need to speak up for myself. What shall I do?

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I’m sorry to hear about the difficult time you have had at work over the past few years since returning from maternity leave.

It’s difficult to comment on the changes to your role and your location as it was so long ago, but this is important background to the situation you find yourself in today.

You mentioned that you returned to your normal role a few years ago. The starting point for any discussions you have with them should therefore be that your current role is your contractual role.

Employers are allowed to have performance discussions with employees if they have concerns about the way someone is performing. However, as part of these discussions they should give you a chance to explain any concerns you have, explain the reasons for any changes (if there are any) and they should be careful not to discriminate against you.

From the information you have provided there do appear to be some concerns about the personal issues they have raised. These could also be potential discriminatory factors. If they have suggested to you that they believe these may have affected your performance and they are planning on taking any more formal steps under the performance process with you because of this they may be acting in a discriminatory way.

As your line manager has said she will schedule a review, I recommend you prepare to deal with this at the review. I recommend you make a note of all the points she raised with you at the last meeting and summarise your response to them. This should include the fact that the issues she has recently raised are minor issues and she hasn’t raised them with you as they have come up, but seems to have kept them to discuss all in one go. If you feel she is expecting you to carry out a full-time role in part-time hours you should explain this as well. It may be that she has not adjusted her expectations of what you can achieve and needs to be reminded that you are working part time and therefore should only be expected to carry out the amount of work that is suitable for those part time hours. This may mean things take a bit longer to complete or she needs to give you longer deadlines for certain tasks.

You should also include in this statement any evidence you have that you are meeting the requirements you’ve been set instead. For example, you could refer to your targets or aims for the year (if you are given any) and show how you are meeting them. This will help show that whilst she may be concerned about some specific issues, in other areas you are doing what is required of you.

You could also consider if there is any further support or training you feel you need and refer to this as well.

You could then give her this document at the meeting so that she can be clear that you are worried about the issues she is raising.

If she continues to discuss these issues and focus on them when discussing your performance, and you’re not happy with the outcome, the next step is to raise a grievance under the formal process. If you have to get this far, you should make it clear as part of any grievance that you are concerned their actions are discriminatory and that you are being managed out of the business because you have childcare responsibilities and have yourself been seriously unwell.

*Charlotte Farrell and Tabytha Cunningham are Associate Solicitors at Paris Smith in Southampton.