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Can I be forced to work full-time?


question
I currently work part-time (three days a week) after returning to work following six months maternity leave.

My manager agreed I could return to work part-time and I have a confirmation letter of my new hours, pay, holiday entitlement, etc.

I've been working part-time since 28th Oct 2002. However, I now get calls on my days off and holidays. I intend to complain but I have a feeling that, if I do, they will tell me that I have to switch back to working full-time. It doesn't help that the manager who agreed to my part-time hours has been off sick for six months.

If they make me work full-time, I will have to quit the job. Can you tell me what my rights are - can they make me work full-time or leave? Can they sack me for refusing to work full-time?

answer

If you work part-time, and you've done so for a while (as long as it's in writing and it wasn't expressed to be a temporary change), you've got a clear breach of contract claim. You could even (if you were so minded) say that it's a fundamental breach and resign in response to any clear attempt to make you work full-time, claiming constructive unfair dismissal. It may also be indirect sex discrimination, since more women than men have child-care responsibilities - hence imposing a requirement on a woman to work full-time can amount to sex discrimination.

So, that's all well and good, and you do have legal protection - but the fact remains that I'm sure you don't want to have to go down the legal route. As you say, there is always a risk that if you complain, something dramatic may happen - and knowing that you have theoretical legal protection doesn't comfort you that much. Could you perhaps think about writing a very delicate letter reminding them of your hours, saying that you are prepared to be a bit flexible and have no objection to the odd call on your days off - but that the extent of the recent calls on your non-working time are becoming excessive. You can emphasise that you don't want to be awkward and are simply reminding them of the position. See where that gets you. As a next step, you could always issue a formal grievance, but you may feel that's escalating things too far in the first instance.

Best of luck to you - this behaviour on the part of the company is not fair, and you have every right to stick up for yourself.

Live Q&A on Ask The Expert
Employment lawyer Rachel Lewis advises on your work-related issues

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