Restructured out of a part-time job? Ask the expert

I have been back from maternity leave since earlier this year and am now part time. My department is now being restructured and there are six jobs and seven of us. My manager has said that none of the jobs are part time. We all have to be interviewed for the new position (which is happening in 2 weeks). What are my rights if I get one of the jobs and still want to work part time? I am the only part-time team member and the only working parent.

The law surrounding employment matters in the context of a business restructure is extremely complex and much more information would be required to advise you on each possible outcome. However, your question is very specific and the advice below will focus upon this.

Assuming you are putting yourself forward for one of the full-time positions and you are successful, clearly the working hours will be a problem. You could accept the position and then submit a flexible working request to work part-time hours, but it seems that you may have already made a flexible working request in February on your return to work. If this was a formal flexible working request under the relevant statutory provisions, you cannot make another formal request in the 12 months following this (i.e. until February 2012). If your original request was informal (e.g. through a brief discussion with your Manager with no set procedure being followed), you may still be able to make a formal request using the statutory procedure.

Following this, the position will depend on whether your flexible working request is accepted or refused. In the event that it is refused, you should seek further legal advice in order to establish whether you have any potential claims against your employer. These could include constructive unfair dismissal, sex discrimination and/or breach of the flexible working procedures.

If you require assistance with submitting a flexible working request, or further information regarding all of the potential options / outcomes relating to your current employment situation, please contact Tracey Guest on 0161 975 3823.




Comments [1]

  • Anonymous says:

    Sex discrimination? Just because you’re a woman doesn’t mean everything that happens to you that isn’t in your favour is sex discrimination. If you get restructured out of a job, you got restructured out of a job, not because you’re a woman.


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