Humungus Retailing Co is a large retailing organization that has expanded rapidly over the last 2 years. It now has some 50 high street outlets each employing a small core of full time staff . The majority of the shop assistants however are ‘flexible workers' who are engaged on a variety of contractual terms and conditions

Jess works in the Threadbury Store which has 90 regular staff. Ken is the Threadbury Store manager who is facing a number of difficulties as the store is not performing as well as other stores in the area. The shop assistants at Threadbury are all on a basic wage of £6.25 per hr based on 8 hr daytime shifts and a supplement of 50p per hr for working after 8pm at busy periods, by prior arrangement. Six women have job shares, so each person works a fixed 20 hours a week. (Equivalent to 3 full time posts at 40 hours each.)

Ken is concerned about Jess's one of the jobsharers who has recently resigned. Jess, who had been working for the company for 7 months told the Ken that he was treating the part timers unfairly, after he refused to consider giving a temporary promotion to section supervisor to Jess and her job share partner, Jo. Ken has explained to Jo and Jess that it needed to be a full timer covering the post, not two part timers on fixed hours. Jess has responded by giving a month's notice, citing the temporary promotion complaint as her reason for leaving.. Ken now fears she may try to claim discrimination or something.

Advise Ken as to the company's legal position in relation to Jess and suggest procedures which should be adopted to minimise the possibility of legal action against the company in the future.