Editor: Your employer can turn down your request on any of eight grounds, but they must show they have given it due consideration. If you do not feel the reasons given are valid and show your employer has given due consideration to your request, you can appeal. The governors upheld my appeal on the provision they found an appropriate job share. They have now informed me three weeks before I am due back that after advertising on two separate occasions they were unsuccessful.
However they did not even hold interviews. My feeling is that this was their plan to still avoid me going part time.
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Can I appeal their decision still? Editor: Our employment lawyer Emma Wellard says: Typically, the appeal is the end of the internal process and there is no further right of appeal unless the school's policy expressly allows for one. From what you say it sounds like the governors may have merely paid lip service to your request to work two days without making any real attempts to accommodate the request. Having said that, it is difficult to advise you without knowing the content of the appeal outcome letter if one was issued , whether genuine attempts were made to recruit someone, whether they received any promising applications from which they could take candidates through to interview and the timescales involved.
Generally, the obligations on employers with regard to flexible working requests received after 30 June are to:.
If we assume that one of the prescribed grounds has been made out, it comes down to the other two points. Unless you had agreed to extend the timeframe for completion of the process, by not providing you with a final decision until 3 weeks before your return, the school may well have gone beyond the 3 month decision period. In terms of reasonableness, I do not consider it particularly reasonable of the school to advise you at this late stage of its final decision, as you will no doubt already have childcare in place.
Claims must be brought within 3 months of the flexible working decision being communicated to you and you would be required to go through the ACAS Early Conciliation process, whereby ACAS attempts to assist in reaching a settlement, before issuing your claim.
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It is quite common for tribunal claims under the flexible working legislation to include a claim of indirect sex discrimination. This may not be applicable in the circumstances and the school may be able to defend its position by having sought to recruit another part time employee to accommodate your request.
I suggest you take further advice if you wish to pursue such a claim. My application for working flexible hours was granted in Sept with my current employer whom I have worked for, for 13 years. I reduced my working week from 35 too 25 hours 5 hours per day to ensure I could take and collect my child from school. At the time I requested that a consideration be made for me to work the additional 2 hours at home; this was declined on the basis of my job grade.
I recently have found out that a colleauge who is heavily pregnant, but in the same job grade, has been allowed to work from home.
Surely this is discriminative???? I have asked for a meeting with my managment team which is due to take place on Friday to discuss further. Editor: You could certainly make another flexible working request to work from home as a year has passed since your last request.
It would be a good idea to anticipate any possible reasons your employer might put forward for turning down the request so you can answer their concerns and you could suggest it for a trial period initially. I am on maternity leave n have requested to reduce from 5 to 3 days as per their policy. Was telephoned n basically told 2. I have asked for a meeting which is Monday but what do they need to demonstrate to show it will be difficult to recruit remaining hours?
Also they have not followed their policy? Editor: The following sets out the rules regarding the new legislation on flexible working. They can only turn down the request on one of eight grounds. They would have to demonstrate that they have given your request reasonable consideration and looked at ways of meeting the request. Hi, I am currently on mat leave, due back in Jan. I had a meeting last week and have been given an option of demotion on my return no change to my salary as its 'easier to grant the flexible hoursfor that role' so basically pushing me for this rather than keeping my current role as its 'harder to grant'.
But also stating that if I return to my old position that I would go on a performance plan as I was put on reduced tasks prior to my mat leave. I had a bad pregnancy and a very stressfull job.
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The tasks I completed have been passed to two seperate employees since. Where do I stand? Editor: You are entitled to return to your original job after ordinary maternity leave and to the same job or a reasonable alternative after additional maternity leave. Have you applied for flexible working formally? If so, they will have to give a reason for turning down your request in your original job. You do not have to accept the demotion. Thanks and i will have to find that out as I was not given a contract although I signed a contract with not much information on it.
Hi, I work nights 4 nights a week and 7 hours a day which mostly falls into 8 to 10 hours a day. I chose Friday as my working night off. Currently I sometimes work on Friday's for overtime. Does my hour's or Friday that I work fall into time and a half for that's the reason I work on Friday's when I am able.go here
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Editor: Does your contract state that you will be paid time and a half for overtime and what does your contract say about your hours? Hi I have been working for the nhs in the same job for 19 years. My work has now decided it wants to put people on shifts so we either stay early am or finish late pm. My problem is my child's nursery doesn't open until half 7 and closes at 6.
I don't drive and my partner stays and finishes after these hours. All my work days is its tough and I will have to find somewhere that is open. She has been at this nursery for over 2 years and stays school next year so even if I could find somewhere else open I really don't want to move her. Where do I stand on this? Hi I have had my flexible working request refused which I have appealed. I have been asked to go in for my appeal meeting.
I just wanted to know if I can take my husband wih me as a witness. I have tea that I can take a colleague or a trade union member.
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I am not wih a union and I don't want to put anyone in a difficult position by bringing them into my meeting so I had hoped my husband could come. Is this possible? Is it with asking? Editor: You could always ask. Employees do not have a statutory right to be accompanied by a colleague or anyone else, but Acas says it is good practice to allow a colleague to be there. I am returning to work after maternity leave on a part time basis 24hrs. I was previously full time before leaving to have my baby 40 hrs.
They have agreed to the hours and shifts I want but in my letter I received from my employer confirming this, one part reads… "If your new working pattern does not meet the needs of the business we reserve the right at any time to request you revert to your previous pattern of working and your original terms and conditions. Can they do that? Shouldn't I be given a new contract stating my role and working hours? What is this? And do I need it?
If so, this represents a permanent change to your terms and conditions and they could only alter it by obtaining your agreement. I think PERS is an internal form so you would have to check this with your organisation. On flexible hours I work in a call centre which operates Mon-Fri-8am-8pm and both weekend days over a shift pattern.
Can I ask for flexible hours to only do mon -fri as I cannot get a baby sitter for the weekends. Editor: You can certainly request this under flexible working legislation for childcare reasons, but your employer could turn it down on one of eight grounds specified in the article above. Have you been doing this shift for a while or have you just gone back after maternity leave? Or have you had a breakdown in childcare cover? It would make your case stronger if you could show you have thought about the impact on work and how this might be addressed.
Do other people in the call centre, for instance, work fixed days due to childcare reasons? Could you suggest a job share with another colleague who is willing to work evenings and weekends? They have told me I have to reapply for these flexible hours when I was under the impression they were permanent. Could you give me some advice. Editor: If you applied for the change under flexible working legislation it is a permanent change to your terms and conditions and they would have to consult and gain your agreement if they want to change these.
I am a bus driver and requesting instead of shift work which some duties can finish sometime after midnight,i am requesting I finish before ,which I have been doing for the pass two years,that was when my daughter who was 10 years old at the time was diagnosed as type 1 diabetics. I am a married man where my wife works part time and after work she needs to attend to her mum who only has a carer between certain times where my wife takes over in between ,so this really put a strain on my wife when our daughter was diagnosed.
Now my manger is given me problems with regards to finishing time and what me to go back to my original shift contract. Who will look after my daughter after school has she needs to have dinner by and majority of childminders do not what to take responsibility. Just finding it hard to express to my employers that I really need to stick with my work schedule wich I have been doing since Can you give me a bit of advice Thang you.
Editor: You say you have been doing this pattern for two years.