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Legal advice for flexible working request issue in south hampshire

(9 Posts)
thefoxessocks Mon 20-May-13 20:04:14

Just that really. I had my flexible working request refused and as a result resigned. The reasons for refusal have since turned out to not be as true as I thought. Initial advice has been that I have a good case but now need something more substantial to help me to decide whether I should take it further or forget it and move on.

Does anyone have any advice, know of a good employment lawyer in my area or have an idea of how much an initial consultation would cost me?

Have name changed for this one but I am an irregular poster and a frequent lurker!!!

Mendi Tue 21-May-13 21:34:33

Employers are not obliged to permit flexible working, they're only obliged to give requests due consideration. See the resent withdrawal of all flexible working at Yahoo by its female CEO.

Bad luck you didn't get it, but hopefully you can find a more suitable role that will allow you to work flexibly.

thefoxessocks Wed 22-May-13 05:13:20

Thanks Mendi. Only paying lip service to a flexible working policy can be indirect sexual discrimination, if in reality you have not given the request proper consideration. I want legal advice as I know these things are notoriously hard to win so would not even raise a grievance unless I had a very strong case! Unfortunately, I know that even though what happens to you is very annoying most of the time there is nothing you can do about it!!

Mendi Wed 22-May-13 06:34:38

You haven't given enough information in your OP to indicate whether your employer did only pay lip service or whether that is just your conclusion on not having your request accepted.

To go to tribunal and win you would have to prove on balance of probabilities that it was only lip service. Not just circumstantial evidence such as that another person does have flexible working, but evidence relating specifically to the decision about you. Can you do that?

Costs are quite a big deal in employment cases as you do not recover your costs from the other side at tribunal even if you win. I would estimate at least £30k for adult contested case, less if it settled. To get enough info from you to do a letter before action and advise you on a response probably anywhere £500-£2,000 depending on type of firm and level of solicitor.

Have you tried calling ACAS for (free) advice?

Mendi Wed 22-May-13 06:37:38

Should have said 'a fully contested case' not 'adult'

thefoxessocks Wed 22-May-13 09:03:33

Thanks - that is really helpful. Definitely had not anticipated the cost would be that high and I am not a member of a union. I have not called ACAS so that is a good idea. I know what you mean about my conclusion vs. what actually happened. It is very hard to stay objective in this situation. A local firm have offered to look at my paperwork without charging me so will see what they say. If I am unlikely to succeed or it is completely outside what I can afford, I think I can walk away satisfied that I have investigated and found there is nothing I can do. If I don't look into it I will always wonder. Thanks again for the information!

thefoxessocks Wed 22-May-13 09:05:58

p.s. not putting too much information in the OP for fear of outing myself!

Mendi Wed 22-May-13 10:53:43

If you have a local firm willing to give an 'initial view' that is good. To get the best out of it, try to provide a summary of what happened as a covering email. Summary should be CONCISE! Don't go into all the he said/she said. Just set out in short bullet points what you asked, the reasons you gave, and the reasons they gave for their negative response, together with details of what investigations/enquiries were made to establish the workability of your request.

Good luck.

thefoxessocks Wed 22-May-13 20:46:31

Thanks Mendi for all your advice. Have provided concise summary and hope they will come back to me soon. Really appreciate your help.

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