• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Flexible working

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Flexible working

    Hello, i am new to this forum and could do with some advice as i feel that i have been treated unfairly.

    I had a baby in February 2011 and am due back in Jan 2012.

    I have made a flexible working request to the company which they have refused.

    My current contract is to work 7:30-16:30 and i have requested to work 12:00-17:00 doing the same job. In my absence my role is currently managed by my brother who is also employed to do the same job as me and one other person. Before i left for maternity leave it was just the 3 of us so the workload has been stretched between less people while i have been away.

    Their response to my request was to say that the mornings are the busiest times of the day and therefore they can't accomodate my request. Both my brother and myself both know that it is the afternoons that are the busiest and i have asked them to show me the facts to back themselves up but they have failed to do this on more than one occasion. They then offered me a part time role in the morning, the same role as i currently hold but from 8am-2pm or a receptionist role 13:00-18:00 which is nothing like my current job and i don't feel i have the skills required as i currently do catering/hospitallity. My mum is my only option of childcare due to cost and she works 8:00am12:00pm and is unable to provide childcare after 17:00 so that rules out every option they have offered.

    I have explained that if i cannot get the hours requested then my only option is to resign and they would then need to recruit a new member of staff in which case they could have done this anyway for the morning part of the shift if they felt it was THAT critical.

    I appealed their decision and their response was more or less the same and they stated: the reason as them needing to 'maximise the time you spend at work for the best needs of the business.' Their only grounds for this were that mornings are the busiest time of the day when they have failed to prove that to me and another employee who currently does the same role also disagrees with this point. All the people who do the same role know full well that afternoons are actually busier and they are still avoiding this point every time i challenge their lack of facts!

    Lastly company policy is to hold the appeal meeting within 14 days of receiving a letter from the employee stating they are going to appeal. The meeting was after this deadline but i forgot to date the letter. However it was hand delivered along with another letter that was dated which they have already confirmed they have received.

    Where do i stand?
    Tags: None

  • #2
    Re: Flexible working

    Hiya

    I'm sorry I can't help you directly, but if you have a read of this http://www.direct.gov.uk/en/Employme...king/index.htm you may be able to work something out.
    If you need any more info give a shout and someone will be along.

    Comment


    • #3
      Re: Flexible working

      Hi Employee,

      As things stand, you have the right to request flexible working; unfortunately not the right to actually have it.

      However, if you meet the criteria (which it would appear that you do) your employer has to give serious consideration to your request.

      Have you suggested (in writing) how flexible working could benefit them?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Flexible working

        It's very hard as an employer trying to work this out. I created a job share out of a maternity leave, but it was a nightmare to sort out.

        Charity is absolutely right to say you have the right to request it, but there is no onus on the business to accept it.

        You may not like this (sorry), but they seem to be trying to accommodate you somehow. At the end of the day it is not their fault your only recourse to child care is your mother who is limited herself when she can provide this care.

        Often businesses who do manage to find a way to accommodate a request to come back as a job share do very well out of the arrangement. I used to reckon that the on paper 0.5+0.5 amounted to about 1.4 in reality.

        Does your job involve planning or anything which would entail you liaising with your other half worker? This can pose quite a problem.

        Comment


        • #5
          Re: Flexible working

          I understand that i have only the right to request it and not to automatically have it.

          My problem with this is that the main reason they are using is that mornings are the busiest time of day when it is quite the opposite. They have failed to provide any facts to prove this despite me asking to see them. The hours i've requested are within my original hours so i know full well how much the workload is at different times of the day and i have the support of a colleague who is currently covering for me to back this up and they are still having none of it.

          The whole point of requesting to work flexibly is to fit in with childcare. I have told them the hours i CAN do and what i CAN'T so they already knew the options they were setting out for me were no good.

          I have had previous run-ins with the manager who made the decision and feel as though she is using this as an opportunity to push me out.

          Comment


          • #6
            Re: Flexible working

            Have you looked into the possiblility of other childcare?

            Comment


            • #7
              Re: Flexible working

              It may well be that the employer is being sincere as to their requirements/business efficacy.

              There could be, though, as you possibly suspect, an ulterior motive.

              Maybe mediation would shed some light? - an outsider's expert perspective.

              http://www.acas.org.uk/index.aspx?articleid=1680
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Flexible working

                Originally posted by labman View Post
                Have you looked into the possiblility of other childcare?
                Yes and it would mean 80% of my wage would go on childcare meaning i would get more on benefits and not working which i really dont want to do!

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                Announcement

                Collapse

                Welcome to LegalBeagles


                Donate with PayPal button

                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                See more
                See less

                Court Claim ?

                Guides and Letters
                Loading...



                Search and Compare fixed fee legal services and find a solicitor near you.

                Find a Law Firm


                Working...
                X