My contract is only a part-time one, but I have been working full time hours for a year as someone went on long term sick leave and, despite asking to be made full time officially, I have been told there aren’t any full-time roles. When I have a holiday I only get paid my 27 hours but our contract says any overtime worked in the last three months the pay will be averaged out and paid in holiday pay. According to them this was a misprint. They have recently announced that there is now a full-time contract on offer, but my boss says he wants people who can do every job. I can do most jobs except one for medical reasons [I had cancer]. However, he insists he wants someone who can do all the jobs. They cannot yet say if, when the full-timer starts I will go back down to 27 hours. What are my rights?
As you have been working the full-time hours for a year, you should be entitled to full-time holiday pay under the Working Time Regulations (Your minimum statutory allowance is four weeks’ holiday per year plus bank holiday, totalling 28 days). This is a legal requirement and it is stated in your contract. To say this is a mistake is unacceptable. You might also want to look at what your sickness entitlement is calculated under too.
Employees will automatically be protected against discrimination under the Equality Act from the day they are diagnosed if they have cancer. This protection continues even if their cancer is in remission. It is the employer’s duty to make reasonable adjustments where a disabled employee is placed at a substantial disadvantage at work to prevent or minimise this. There for it would be unfair to state you cannot do all of the work as you are covered by the Equality Act.
I would strongly advise that you have a chat with HR/ your manager stating the above. If you don’t get a favoured outcome, I would look to submit a grievance in relation to pro-rated holiday entitlement in line with your colleagues who are working full time, and on the issue of advertising a full time role (which you have essentially been working) reminding them you are covered under the Equality Act.