Employer Forcing Part Timer to go Full Time

[mark1979]

A colleague of mine has been working part time (4 days per week) for a few years now - she was given an amended contract at the time. However the employer now wants her to go full time. She cannot do this for a multitude of reasons, primarily childcare.

Our contract does allow reasonable changes to the terms and conditions of the contract, what is reasonable though?

I think they expected her to just go along with it but she wants to push back.

Can they do this? They are basically saying that if she doesnt agree then as of 27th March they expect her to be working a 5 day week and if she isnt then they will take disciplinary action for any shifts she doesnt do.

[ULA]

Some employers do have a term in their contracts such as "We reserve the right to make reasonable changes to any of your terms and conditions of employment" which can be used to effect relatively minor changes, however it may not stand the test of an employment tribunal for more major changes.

I would suggest that a change from a part-time to full-time contract may be considered a major change and therefore not reasonable, although reasonable is an undefined term.

Has your colleague spoken to their manager/HR about the situation and the fact that she cannot increase to full-time working due to child care commitments?

[mark1979]

Yes, she has formally responded advising them of how it would be impossible for her to continue in this role if they force her to go full time.

There are 3 people in the same role as her and due to the poor rota management we often have days where there is only 1 of them in, at weekends this can make our jobs almost impossible. She proposed a change in which she still does 4 days but makes it so that there are always 2 on any given day. They have rejected her proposal and are standing firm on the full time change.

[mark1979]

She also advised that them she qualifies for consideration for flexible working hours, they confirmed that she is eligible to do so but they refused to accomodate her request.