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Anne McAllister
Member - 115 posts
We have an employee who started with us doing sleepovers. She has a child and was unable to commit to the regualr shifts.
Through time her working pattern changed and she did late shifts early shifts and sleepovers.
Then her child care arrangements fell through and she was going to leave.
Her line manager encouraged her to stay and asked her to give up her part time contract and accept a sessional contract and they agreed she would work 9.30 - 2.30 and occassionally until 4.30 as this suited her best.
Everyone else does shifts.
The member of staff can no longer work weekends either.
This has caused problems with some of the other staff who would prefer to work office hours but as an organisation we cannot allow that.
The sessional contract states that we are under no obligation to offer work and she is under no obligation to take any work offered.
The employee worked these shifts daily for a period of about 5mths
An incident occured following which the employee made allegations of bullying via her line manager ( on several occassions over a 4 mth period.) The alleged bully was spoken to on at least 4 separate occassions.
The employee then went on sick leave with a pre existing mental health problem.
Since then the department has taken on new staff and as her contract was sessional we are unable to offer her any work at the minute.
Sessional staff traitionally work on an ad hoc basis but it would appear that this employee has been given specific hours by her (then ) line manager.
Any advice or suggestions ???
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James Fairchild
Member - 210 posts
If she can show one years' service, this could be a case where a tribunal would 'look through' the written sessional/seasonal (?) contract and decide that in reality the original contract (which I assume was an undisputed contract of employment) still holds some weight.
Also bear in mind the The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002. Also Disability Discrimination Act (i.e. the mental illness).
If you are trying to dismiss her (or rather, tell her there is no work available) then be prepared for a rough ride at tribunal. and
Just a suggestion, but can you propose some limited working pattern that she and line manager are happy with, to try and pacify her and protect your company's interest?
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