Full-time to part-time hours probationary period
Discussion
I'll try to keep this one as brief as possible.
Mrs OC has returned to work after maternity leave. She went through a protracted (and stressful) period of negotiating her part-time hours which were eventually agreed - on the condition of a three-month probationary period.
She has been with the company for well over ten years at a senior level, so a probation was taken as something of an insult.
So, the three months have passed and the company have chosen to extend this probation by another two months for rather arbitrary and vague reasons (at no point during the three months was she advised that any part of her work/performance needed to be addressed). Mrs OC has asked for a written and clear point-by-point explanation regarding the decision.
Essentially the company's line is that part-time hours do not suit the business (she is in sales), despite the fact that Mrs OC has been the third-highest revenue generator in this time, ahead of others in her team who are all full-timers.
She is also being loaded with extra work, and the feeling is that she is being set up to fail.
The notion of extending the probationary period has been the final straw and we're considering getting some legal advice. Can anyone give any advice or insight from similar experiences?
Mrs OC has returned to work after maternity leave. She went through a protracted (and stressful) period of negotiating her part-time hours which were eventually agreed - on the condition of a three-month probationary period.
She has been with the company for well over ten years at a senior level, so a probation was taken as something of an insult.
So, the three months have passed and the company have chosen to extend this probation by another two months for rather arbitrary and vague reasons (at no point during the three months was she advised that any part of her work/performance needed to be addressed). Mrs OC has asked for a written and clear point-by-point explanation regarding the decision.
Essentially the company's line is that part-time hours do not suit the business (she is in sales), despite the fact that Mrs OC has been the third-highest revenue generator in this time, ahead of others in her team who are all full-timers.
She is also being loaded with extra work, and the feeling is that she is being set up to fail.
The notion of extending the probationary period has been the final straw and we're considering getting some legal advice. Can anyone give any advice or insight from similar experiences?
Edited by option click on Friday 11th March 10:26
What employers should be able to do and do do are 2 totally different things in my experience. Long story cut short - on medical advice I worked from home as a reasonable adjustment due to depression - as a programmer this worked fine. Then made mistake of being diagnosed with cancer, few complications, off work for a year. When signed back, told no longer able to work at home (depression had really got a lot better during chemo, rads etc - NOT!). Cancer and depression both covered by disabilty act, which covers reasonable adjustments, changes in hours etc, but this was totally walked over. I got to the point where I felt even if I did pursue it thru tribunals I'd have a target on my back forever more and am in process of agreeing redundancy with compromise agreement saying I won't sue them!!
Oh yes, this isn't a small local employer, but an insurance company with a lady in a big black cloak!
Moral of the story is they do what they like and rely on you not being strong enuf to fight back - good luck!!
Oh yes, this isn't a small local employer, but an insurance company with a lady in a big black cloak!
Moral of the story is they do what they like and rely on you not being strong enuf to fight back - good luck!!
A compromise agreement is invalid and has no standing if it is not authrorised by a solicitor (or other suitably qualified person).
Re reasonable adjustments - it is something that needs to be agreed. You ask for 3 days a week, company says no can do 4 days; you ask for 5 half days, company says no but can do 3 full days etc. What is deemed as 'reasonable' is often viewed with different eyes by employee and employer with the ultimate ariter being the Tribunal.
Re reasonable adjustments - it is something that needs to be agreed. You ask for 3 days a week, company says no can do 4 days; you ask for 5 half days, company says no but can do 3 full days etc. What is deemed as 'reasonable' is often viewed with different eyes by employee and employer with the ultimate ariter being the Tribunal.
It sounds like this was a full time position before the maternity leave. It also sounds like the employer thinks that it is still a full time position.
I'm wondering why you think that it is now a part time position.
My instincts tell me that the employer is right in this case. People in sales need to be there when the customers want to talk. Are there any reasons why your OH's position should be any different?
Don
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I'm wondering why you think that it is now a part time position.
My instincts tell me that the employer is right in this case. People in sales need to be there when the customers want to talk. Are there any reasons why your OH's position should be any different?
Don
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option click said:
I'll try to keep this one as brief as possible.
Mrs OC has returned to work after maternity leave. She went through a protracted (and stressful) period of negotiating her part-time hours which were eventually agreed - on the condition of a three-month probationary period.
She has been with the company for well over ten years at a senior level, so a probation was taken as something of an insult.
So, the three months have passed and the company have chosen to extend this probation by another two months for rather arbitrary and vague reasons (at no point during the three months was she advised that any part of her work/performance needed to be addressed). Mrs OC has asked for a written and clear point-by-point explanation regarding the decision.
Essentially the company's line is that part-time hours do not suit the business (she is in sales), despite the fact that Mrs OC has been the third-highest revenue generator in this time, ahead of others in her team who are all full-timers.
She is also being loaded with extra work, and the feeling is that she is being set up to fail.
The notion of extending the probationary period has been the final straw and we're considering getting some legal advice. Can anyone give any advice or insight from similar experiences?
Why do you think the company is being unreasonable? In my experience, truly useful employees don't have much trouble negotiating conditions in these circumstances.Mrs OC has returned to work after maternity leave. She went through a protracted (and stressful) period of negotiating her part-time hours which were eventually agreed - on the condition of a three-month probationary period.
She has been with the company for well over ten years at a senior level, so a probation was taken as something of an insult.
So, the three months have passed and the company have chosen to extend this probation by another two months for rather arbitrary and vague reasons (at no point during the three months was she advised that any part of her work/performance needed to be addressed). Mrs OC has asked for a written and clear point-by-point explanation regarding the decision.
Essentially the company's line is that part-time hours do not suit the business (she is in sales), despite the fact that Mrs OC has been the third-highest revenue generator in this time, ahead of others in her team who are all full-timers.
She is also being loaded with extra work, and the feeling is that she is being set up to fail.
The notion of extending the probationary period has been the final straw and we're considering getting some legal advice. Can anyone give any advice or insight from similar experiences?
Edited by option click on Friday 11th March 10:26
edc said:
DSM2 said:
Not really, just the employee has to confirm in the CA that they have taken advice from a suitably qualified person.
It is a legal requirement that the legal adviser signs the document Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff