My employer wants me to return to full time from part time

Brendan Burgess

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I have been working for my current employer for 10years + now and really enjoy working there. I have been promoted on a number of occassions.

A couple of years ago I felt it would be good to reduce my working hours and asked to go part time. I came to an arrangement with my company and just over a year ago I officially started working on a part time basis.

Recently my company has told me that they want me to resume full time work. As this would be a major inconvenience for me I have declined. They say that they have advertised for another part timer and have had no response.

They are now telling me that if I fail to comply by a given date they will have no alternative but to make me redundant and hire a full time person.

This is cause me a lot of distress - I would be grateful for any advice.

J.
 
Re: Urgent - please help

Try not to get distressed but do try and do something practical such as contacting the DETE employment rights section for advice on your statutory rights in this context. They are very helpful.

www.entemp.ie/erir/empl2.htm
 
Shoud I stay or should I go ?

You can talk all you want about workers rights, but no future employer will touch you if you have sued your previous employer, or if you leave under a cloud.

Doesn't look like the job is working out for either you or your employer. Why no negotiate a decent voluntary redundancy package and go on good terms ?
 
Re: Shoud I stay or should I go ?

You can talk all you want about workers rights, but no future employer will touch you if you have sued your previous employer, or if you leave under a cloud.

This is just not true, unregistered Clubman.

A former colleague of mine in a previous employer took a high-profile case against that employer, with some serious dirt-dishing on both sides in court. The case was settled after a couple of days, but there was fairly serious press attention.

I heard recently that he was now in a quite senior position with a new company (also a multi-national, but different industry) and appeared to be on track to be the next MD of that company.
 
Comebacks...

Rainyday,

Fully agree with this. I know of several Lazerus type comebacks where people had strained departures from high tech orgs. Most have gone on to do well (or very well) else where.

MAC
 
Re: Comebacks...

Is there no way that you could accommodate your employer, as they facilitate you with your request in the past. If you are unable to accommodate your employer, then speak to a union rep if you have one or else contact someone listed by the other contributors.
IMHO
Check your contract to see what that says
As you are at least a year in your new part time role it is now custom & practice.
I do not believe that they can dismiss you without offering you a redundancy package you could accept.
I can understand to a degree your employers predicament, but it was their final decision to let you go part time. Through not fault of your own they are now going to dismiss you because of a decision they made in the past.
If they dismiss you and replace you with somebody this is a case of constructive dismissal.
 
Re: Comebacks...

Can you do anything to find some suitable candidates to partner with you in the part-time role?
 
Re: Urgent - please help

"They say that they have advertised for another part timer and have had no response"

Hi Jim,

Sorry to hear about your upset/problem.

Under normal circumstances most companies will advertise internally first and then externally. It would appear from your statement above that the company did not do so. Is there any likelihood of you getting a co-worker internally? If so should you go back to them and insist that they do so.

If this is not an option before taking any further action I would ask for a copy of the external ad. to confirm that (1) they did do so and (2) to see how much effort they put into same.
 
Protection of Employees (Part-Time Work) Act 2001

Protection of Employees (Part-Time Work) Act 2001
The Act prohibits an employer from penalising a part-time employee
on the grounds that:
(a) he/she has exercised or proposes to exercise his/her right
not to be treated in a less favourable manner than a
comparable full-time employee in relation to conditions of
employment,

(c) he/she has refused to accede to a request by the employer
to transfer from performing—
full-time work to performing part-time work or vice versa,
or
 
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