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Flexible working request and refusing to comply

5 replies

TenaciousOne · 12/06/2012 14:32

My work have declined my flexible working request with the reason that customers like the continuity of the same person. Not one of the eight prescribed business reasons, I've written a letter to appeal stating its not a businesslike reason and therefore I'd like to appeal, to which thatch have replied saying that they want me back full time in x role. I have written back again asking for an appeal again, they have sent back the same response. My first letter would have arrived 14 days ago now.
Acas have advised writing a third and final letter asking for them to reply within 7 days about the appeal and then if they still refuse they will take it further. Has anyone else experienced this? Tbh this is the last in a long line of issues with them, when I was pregnant they were constantly calling me in for meetings regarding performance even though I was more than meeting their targets that they had set for me is one excuse. What should I do next?

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ItsAllGoingToBeFine · 12/06/2012 14:39

Maybe you should send them some links so they know how to correctly respond. Sounds like they may be a bit incompetent, do they have HR?

TBH though that sounds like a valid reason, that could fit into more than one of the proscribed categories. It's just that they haven't couched the terms of the letter correctly.

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lizzywig · 12/06/2012 14:41

I'm afraid I can't offer any advice but just my thoughts. Going from what you have described about their recent behaviour they don't sound very professional and as if they are doing things properly....a bit like when my company offered me a new job in writing (while on mat leave) and then told me I'd need to apply for it. Do they know the law, how things should work etc? I can only think that if they don't comply and Acas intervenes then it won't look hugely favourable for them will it?! Do what Acas suggests and send the letter and then if you don't hear back then go to Acas, make sure you get proof of posting or the like.

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TenaciousOne · 12/06/2012 15:13

Wow do we work for the same company? They also told me to apply for the job I was doing before maternity leave in this letter as if it is a different job and that I have to give 14 days notice going back even if I'm taking the full year. Told me I had to go back after six months and then emailed and called me several times just before the six months was up a day before Xmas. I'd just like them to follow the regs for once.

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EdithWeston · 12/06/2012 15:29

I hope they respond properly to your request for an appeal.

They will however argue that their (shoddily worded) reason for refusal is based on the prescribed reasons, specifically: detrimental effect on ability to meet customer demand, and possibly also: inability to reorganise work among existing staff, inability to recruit additional staff, detrimental impact on quality, and detrimental impact on performance. Have you got your case lined up to rebut on any or all of these grounds?

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TenaciousOne · 12/06/2012 16:22

I was under the impression that i couldn't argue against their reasons only their facts if they are wrong or not true. I have a case against inability to reorganise work, quality and performance. The problem would be the customer demand as it is a business which goes mad once in a while but is ridiculously quiet at other times.
I think they want me to quit as they were really pushing me before I went on ML and telling me I wouldn't return after it.

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