How to protect discrimination rights of part-timers at work
- Even if you work part-time, you should not be mistreated as a result of raising any issue in the company. If that happens, it could count as victimisation
- Equally, you should not be picked for redundancy without being offered alternative work. If so, it could be an unfair (and unlawful) process
- In short, part-timers should be treated the same way as full-time workers, otherwise it’s discrimination
You are protected against all these failings by your employer. If they mistreat you, you can make a claim to the employment tribunal and may win compensation or your job back. (Of course, we can help with that.)
That’s what happened to a part-time employee at a UK car dealership.
The story
In May 2014, Malgorzata Lewicka joined the Hartwell Ford dealership in Watford as a part-time telephone receptionist. When the Watford site closed for a rebuild in 2016, she was transferred to the Hemel Hempstead site.
Her manager at the Hemel Hempstead branch was Mark Benson, but due to his behaviour she submitted an internal grievance relating to pay, working hours and sex discrimination. It was found that Mark had committed gross misconduct and he was issued with a final written warning.
When the Watford branch reopened in 2018, she went back in the role of a part-time service adviser. There, the team had informal group lunches called ‘pizza Fridays’ arranged by by senior staff. However, Malgorzata wasn’t invited.
She also found that colleagues, Karen Futcher and Bridget Watson, wouldn’t speak to her “as a result of the protected disclosure” she’d made. In fact, Bridget put the phone down on Malgorzata “on many occasions”.
She was made redundant in January 2019.
She believed this was because of the grievance she’d raised against Mark, and made a claim to the employment tribunal for victimisation, indirect discrimination on the grounds of sex, and unfair dismissal.
As Malgorzata was the only part-time employee pooled and selected for redundancy, the tribunal found her treatment was “less favourable than a comparable full-time worker”. Also, the company did not give “considerations to alternatives” to redundancy, and this was discriminatory against her as a single mother with caring responsibilities.
Malgorzata was awarded £23,000.
What this means to you: How to protect discrimination rights of part-timers at work
We are employment lawyers who only act for employees.
If you are a part-time worker and have been treated badly by your employer, such as not receiving the same opportunities and invitations as your full-time colleagues, you may be able to make a claim.
It’s a complex process and timings are tight, so it’s wise to talk to us sooner rather than later.
We’ll let you know your chances of winning you case and what happens next if you want to go ahead. Why not give us a call to talk it through? There’s no obligation to proceed.
Related reading: How to protect discrimination rights of part-timers at work
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