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Meeting with Work tommorrow re flexi working, how to discuss a grievance.....

5 replies

missusmrs · 27/06/2011 12:27

I am hoping someone has some words of advice on how to handle a meeting.
I?m on mat leave due back in October. I have put together a robust proposal for returning to work part time with some hours work from home and have been asked in to discuss it, which I am taking to mean that want to negotiate and I would guess get me to work more hours.
I found out last week casually through a colleague that another colleague had been promoted to a new position of deputy manager. I was not aware this position been created or of the interview and would definitely have applied and been the only other strong contender for the post. My organisation is usually very strong on HR issues etc and I can?t understand how I would not have been informed of this role. My point is that if I had gone for and been successful for this role I would not be asking to work part time (which is due to financial issues).
I would like to bring this to their attention tomorrow but don?t want to barge in there and dump it on the table esp. if they re going to agree to my part time working... BUT if they refuse me outright then of course I would like to use this to push for what I am requesting...
Any advice on how to handle this?
Thanks

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hairylights · 27/06/2011 18:59

Absolutely dont raise this at a meeting to discuss your fw request.

Keep them seperate.

Are you certain the post was applicable into? There is no legal requirement to advertise ... An employer can promote who it likes.

If you do want to raise a grievance, follow the grievance orocedure separately from the fw request.

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StillSquiffy · 27/06/2011 19:22

You don't have legal grounds for a grievance unless it is very clear (and evidential) that you were not considered for the role because you are a mum or wanting part-time work. Unless there is clear discrimination you don't have a case as they can promote internally without advertising.

Example of the kind of evidence you need: One of my team worked part time and when a new role came up my boss said in an email 'we can't take on Jane because she's part time and it's a full time role'. That email in itself would have been grounds for a claim (as I pointed out to my boss at the time - she subsequently got the job). If the email hadn't existed there would probably not have been much she could have done.

So... leave well alone and deal with separately to your request

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flowery · 27/06/2011 19:46

They are separate issues but otherwise I disagree with hairy and squiffy.

It's right that there is no specific legal obligation to advertise vacancies, internal or external, however women on maternity leave must be given equal access to promotional opportunities. Which effectively means either telling you specifically, or making sure you have access to any intranet vacancy board or similar meaning you can view and make decisions about promotional opportunities.

You can't either formally apply (if there was a formal application process) or informally notify anyone you'd like to be considered if your maternity leave means you are not aware of what's going on in the first place. It doesn't mean you get any kind of preferential treatment, but you are entitled to be told so you can decide whether to apply or not.

I'd say go to the meeting tomorrow and see how that goes, then if you wish to raise the issue of the promotion opportunity you missed (which I think you should one way or another), you can decide whether/how to do so. You could raise a formal grievance or alternatively if you get your part time working and aren't as bothered, you could just highlight to HR that you were missed off notification of this opportunity.

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janey68 · 28/06/2011 07:42

Agree with the others that the two issues are separate. The only automatic entitlement you have is to return to your previous post. And in fact if you have chosen to take the additional ML rather than the shorter one, your employer can actually offer an alternative comparable post paid at the same level.

Also, I would steer well clear of the financial aspect. (you say your reason for wanting part time work is because you don't earn enough, so I presume going part time will in some way make your childcare package cheaper). This is NOT the concern of your employer and it could backfire on you if it comes across as your main reason for wanting to change your contract. You need to present good business reasons for your proposal to stand a chance of getting what you want

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missusmrs · 28/06/2011 08:51

Thanks for your comments and suggestions.

To clarify the post was most definitely advertised internally - so all 3 other colleagues on my team with same job position could and did apply for the position.

Also I currently work full time and my app for part time was submitted after the process of the new appointment

I was just under the impression as Flowery says that I at least should be notified of potential opportunities on the team whilst on leave.

Anyway as everyone indicates they are 2 seperate issues and I intend today to just meet and see what their initial feedback is, commit to nothing and not bring this issue up then come home and assess it all. Im nervous but hopefully it will go good.

Thanks again

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