Tim The Business Doctor

Tim The Business Doctor

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Tim The Business Doctor
Tim The Business Doctor
Tuesday Q&As

Tuesday Q&As

14.11.23

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Tim The Business Doctor
Nov 14, 2023
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Tim The Business Doctor
Tim The Business Doctor
Tuesday Q&As
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  • I want to work part-time but the new hours will interfere with childcare arrangements. Is this discrimination?

  • Performance Improvement Plan and GDPR. Can you give me a strategy to leave?

  • Can my employer make me do a different job to the one I am contracted to do?

  • I have two separate jobs. Do I still qualify for holiday pay at both?

  • Can my company reduce my hours for refusing overtime?

  • Can we dismiss an employee who is off sick and has less than two year’s service?

  • What is the time gap between finishing and then restarting with the same employer to start the clock running again for full employment rights?

  • Can I still request flexible working when the company has made workplace adjustments for me due to my health condition?

  • After a year at work should I be auto-enrolled in a pension?

  • Q Does your contract still stand if it’s not been signed?


I want to work part-time but the new hours will interfere with childcare arrangements. Is this discrimination?

Q. I currently work full time on a set shift due due to a long term condition which comes under the equality act. I have a lunch break 3-4 to pick up my daughter from school. I have requested 3 days part time working hours so I have less screen time and I can schedule my appts on the days I’m off.

Company has advised they can offer me 4 hours a day but work 5 times a week. 2 days being on the time I’m picking up my daughter. Can this be classed as gender discrimination because they are telling me to work the time I’m picking up my daughter?

A. Not necessarily. You have made a flexible working request. Your company can only refuse the request for a number of business-related reasons. They have clearly come up with a compromise solution to the one that you have suggested. Unfortunately, that will interfere with your current childcare arrangements. You are therefore left with a choice: either accept the new working arrangement and arrange for someone else to pick up your daughter or remain on your current working shift. That is not discrimination on the part of the company, because they are not forcing you to work the new proposed part-time schedule, simply giving you the option.


Performance Improvement Plan and GDPR. Can you give me a strategy to leave?

Q. I need your help with the below matter. I would appreciate if you could help me with the matter. My manager gave me a Performance Improvement Plan on the 28th of September 2023. 

Then we had 1st review on the 3rd of November 2023. Due to the huge workload and additional urgent work which I had to prioritise, I could not meet some of the targets, so I did explain why I did not achieve the target.

On Monday the 6th manager sent the PIP back to me asking me to read through it and if I agree to sign and send it back to him. In the PIP statement, I have found so many inaccurate statements he made which I have disagreed with and sent back to him what I said during the meeting.  The important part of it was that while he sent it to me via email, he cc’d two other members of staff within the company. They are as follows.

1)     Business Support Officer.

2)     Procurement manager .  

My Questions to you 

1)     Has my manager broken the GDPR rules by sharing my personal matter with others? Do I have strong ground to stand and fight for the breaching GDPR?

2)     Has he got ground to share the matter with others?

3)     I want to leave the company what is the strategy available for me now?

4)     If I go off sick due to stress, can they do any bad things to me?

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