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Employer unreasonable with flexible working

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  • Employer unreasonable with flexible working

    Good afternoon all,

    I'm hoping someone here might be able to give a bit of solid advice for my wife who's currently sobbing her heart out over the way her employer has been treating her.

    She was placed on Furlough back in April despite the company being incredibly profitable and even taking on new clients while 80% of the staff were furloughed. She wasn't too fussed about that because schools were closed and our two children needed to be looked after but the loss of that extra income did sting a little bit.

    Back in June she was asked with very little notice to return part time, still working remotely though, because they were suddenly very busy. We have no real support from family and due to Covid childcare was impossible to source; nursery places were reduced and our regular childminder was shielding and still is. She agreed to two days because I could be a bit more flexible with my work but her boss came back and said that was no good and pretty much insinuated that she'd have to work 3 days per week or he'd let her go. A bit of short notice but felt we could manage. Two weeks later it was deemed that she needed to back full-time so she agreed with the caveat that of course it would be remote and that the children would be in the house and she may need to attend to them. They agreed.

    A few weeks ago, work extended an 'invitation' to return to the office. Of course, we have no childcare in place so it was explained that she would need to work from home until such time as the kids go back to school and she asked what assessments had been made about making the office covid secure; the response was they'd hoovered and polished the desks. The office is in a shared facilities building in Sunderland which has a significant R rate so of course we're a little concerned; I'm technically at risk so if she traipsed it home with her I could be hit pretty hard. We've explained our concerns and that she doesn't feel comfortable given the business has no control over who comes and goes and more to the point, doesn't seem to be bothered in the slightest.

    To cut a long story short, (although it's fairly long so far, sorry), despite telling them we can't get childcare and our concerns her boss is taking what I feel is a wholly unreasonable approach to the matter. She's got a phone based job and has worked before lock down and during some of lock down with no problems or issues with her performance or work quality. She's put in an official request for flexible working and working from home and had no response. All she gets are constant phone calls and whatsapp messages asking when she's coming to the office.

    She wrote another email raising the points again, not hostile or aggressive but certainly making a case. The response from her boss is frankly disgusting. Accused her of being hostile and then threw in her face that she had two days off last year when one of the kids was poorly and a period where she had viral meningitis.

    She is currently in pieces over it. She doesn't want to even see these people again now but she doesn't have two years employment to claim constructive dismissal. We've been advised by ACAS on one call she could claim indirect sexual discrimination due to the fact she has children to look after but then on another call with them we get told the opposite.

    Essentially she just wants to leave but is under the impression that he could take her to court over breach of contract. Are there any options open to her. Frankly, her boss is clearly an a***hole and I don't want her having to even engage with them again. It's having a real impact on her mental health.

    Thanks

    MC
    Tags: None

  • #2
    The first decision that needs to be made is what does your wife want to do? Does she want to pursue the treatment she has received from her boss internally by way of a grievance or is she at the point where, even given her length of service, she just wants to leave.

    If the former then she would need to set out her issues in terms of a formal grievance, if the latter then there is no reason why she cannot just hand in her notice.

    In regard to the potential of any claim it would have to be based on discrimination, if this can be proven, as she does not have the requisite length of service otherwise.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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