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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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We have a part time receptionist who has been employed for

Resolved Question:

We have a part time receptionist who has been employed for more than 2 years on a contract of 9 hours per week - those 9 hours being at fixed times. In March 2012 we gave her notice that we intended to change to a contract of 20 hours per week in line with our other part time workers and that there would be no fixed hours in the contract as we needed flexibility in order to cover our reception. We gave her the opportunity to move to the new contract and since then we have worked with her to facilitate her changing. We now wish to make this change formally from January 2013, but she has said she cannot do more hours and frankly she simply cannot give us the flexibility we require. Can we simply terminate her 9 hour contract from Dec 31st 2012 and ask her to leave? We are a very small business employing just 3 full time and 3 part time employees.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

Did she say why not?
Customer: replied 1 year ago.
Her personal family circumstances with childcare preclude her from committing to more hours and also mean she cannot offer the flexibility we need.
Expert:  UKSolicitorJA replied 1 year ago.
There is a risk here of unfair dismissal.

I would suggest that you discuss with the employee and insist that you need to go ahead with the changes as proposed for business reasons and that she may wish to consider resigning if she is unable to accept the proposed changes.

It is better to amicably part ways with her rather than dismissing her and risk an unfair dismissal claim.

I suggest a compromise agreement be entered into.

Hope this helps
UKSolicitorJA, Solicitor
Satisfied Customers: 3761
Experience: solicitor
UKSolicitorJA and 4 other UK Employment Law Specialists are ready to help you

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