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Work is demoralising.

(5 Posts)
DadToAson Sun 05-Jul-15 00:08:07

My request for flexible working has been declined. Appeal upheld. My only option is to resign as with the new circumstances I have child care problems when my partners away. Nevertheless it is not fair I have to do almost all late shifts for more than 2 years. Every other person employed since then have alternative shifts but me. There are certain people offered to do early late shifts except me. Whats the moral how could I work somewhere feeling that it is unfair. I don't want to fight anymore as my manager is having fun punishing workers. When she finds someone's little imperfections oh god she's miss Turnbull. Any help advice. As I am sick of ACAS or CAB saying they have a right to say no under these reasons. Have you won a case do you know anyone. Any legal knowledge you could share in this case. Much appreciated!

CrazyCatLady13 Sun 05-Jul-15 09:58:04

I've worked in HR for over 10 years.

Unfortunately, ACAS and CAB are right. Even if you have a 'protected' aspect such as disability they still have a right to say no if it's not in the best interests of the business.

You could resign and sue for constructive dismissal (costs around £2k for an employment tribunal) but the chances are that their decision will be upheld.

I'm sorry I can't give better news, unfortunately it looks like it's time for you to find another job.

jimijack Sun 05-Jul-15 10:08:46

I know it seems bleak and so fucking unfair now but having been where you are, and left that job for similar reasons to you I can honestly say that I wish I had done it earlier rather than fighting...for fuck all benefit.

I was in my job for 23 years, got nowhere asking for more flexible shifts so had no choice but to look elsewhere.
Massive decision made easy by finding a job (for now while it suits me) that means I can be home with my children, work evening's & weekends for more pay than I was on in my previous (very beloved) job with no childcare costs but more importantly, zero worry about childcare.

So worth the move. There is a chunk of light out there.

DadToAson Mon 06-Jul-15 11:28:20

Are you saying even if I claim constructive dismissal and discrimination I would still fail. That is even demoralising as not the employer but the tribunal is not fair?
Work life balance is only for certain employees and I don't have a right as a mom but the others because they are favourite.

flowery Mon 06-Jul-15 13:05:53

Sounds to me as though you have two separate issues - your flexible working request and the fact that you've been doing more late shifts than everyone else over the last two years.

With the flexible working request, you don't say what reason was given, but as long as they followed a reasonable procedure, and gave at least one of the required eight business reasons and explained why that reason applies, then yes they can refuse.

Assuming your request was a change to the shift pattern you describe, then I imagine the reason for refusal was because this would involve changing other people's terms and conditions in order to meet your request. It's reasonable for them not to be prepared to attempt to do this.

In terms of doing more late shifts than everyone else, what does your contract say about it? Is it the same as everyone else's? If so, do you believe there has been a discriminatory reason for scheduling your shifts less favourably than everyone else's?

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