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part time request after mat leave refused (complicated)

(12 Posts)
user1471549018 Fri 03-Feb-17 18:22:12

I already work part time. I have applied to reduce my hours slightly more (by approx half a day a week on average), due to child care difficulties on returning. However this has been declined after a meeting, saying there would be no one for me to job share with on these hours. I did not job share prior to mat leave. I obviously feel disappointed, and will have to consider working my notice but just wanted to check a couple of things. 1. Should they have minutes of this meeting I can request? 2. Can I appeal-if so to who? and 3. Are they allowed to make me job share when I didn't previously. Thank you so much for any help you can offer

user1471549018 Sat 04-Feb-17 12:08:17

Thinking about this overnight, I am aware of others in the organisation who don't job share but work part time. Would this be evidence of discrimination against me?

Perfectlypurple Sat 04-Feb-17 12:12:46

What is the discrimination? Where I work we have different hours available to meet the business need. We need a certain number of core workers to cover the range of hours then have the ability to offer some part time hours. We can't offer it to everyone that wants it. So if someone coming back from maternity puts in a flexible working request and it doesn't meet he business need then it is refused. If it does then it is accepted. If they propose working on certain days where the need isn't there then they won't pay someone to be there when it isn't needed. No discrimination as someone is law returning from maternity could propose different hours and have it accepted as it suits he business need,

flowery Sat 04-Feb-17 14:36:07

" I am aware of others in the organisation who don't job share but work part time."

Yourself included, presumably, as you currently work part time without a job share?

Other people having a working arrangement you want but are not allowed isn't 'discrimination', no.

Presumably they are saying that your job is doable in your current part time hours, but there is no 'give' to reduce the hours further without a job share.

Have you put forward a good business case explaining how your work could be covered in fewer hours?

Was there anyone taking minutes? If so, yes you should be given a copy. No one here will be able to tell you who to appeal the decision to. Does your employer have a flexible working policy?

user1471549018 Sat 04-Feb-17 15:15:21

Thanks for your input. I have found my employers policy and it looks like I should be able to appeal.

thepetitpear Sun 05-Feb-17 12:43:55

I've been in a very similar situation to yourself.

I believe you can appeal a flexible working request provided you do so within a certain amount of time. I did but unfortunately it didn't work out for me so I left in October.

Good luck.

m0therofdragons Sun 05-Feb-17 21:14:02

Dh battled a flexible working request and we learned that an employer can easily justify refusal by saying "unable to meet the needs of the business." Very little evidence is required. This was the official line but dh was told - if they let him then everybody would be asking. Some companies just like bums on seats and have no idea how complex childcare is. My manager wanted me to change from 5 short days to 3 long days and couldn't understand why I said no. I've 3dc and school only has 4 childminders and no other after school care. All the cms are full. Plus paying £75 a week for 3dc in childcare that I previously didn't need to pay wasn't all that inviting. Not a concern he has on his £100k salary with no dc.

thepetitpear Sun 05-Feb-17 22:07:05

m0therofdragons, My experience was the same. I was told 'needs of the business' and if they agreed to what I was requesting, it would 'open a floodgate'.

60percentofthetime Sun 05-Feb-17 22:15:52

Is your work in an office and able to be done at home? When I went back to work I requested that I work from home for the day I couldn't afford childcare for. Work were flexible enough to allow me to make up those hours during the week, during baby's naps and bedtime. Could be an option?

redcaryellowcar Sun 05-Feb-17 22:28:16

I'm not sure of the official line, but I didn't go back to my (very full time job) after maternity leave because they couldn't offer me a part time version of it. I don't think they have to allow you to change your hours, I think they have to keep a job for you same location, pay etc, but I think they can argue that a change in your hours doesn't suit the business!

Scrumptiousbears Sun 05-Feb-17 22:36:19

Mine was also rejected as the office couldn't maintain minimum staffing levels. Such is life. Flexible working request is not a right.

Allthebestnamesareused Mon 06-Feb-17 11:09:29

Are you willing to go back on your previous part-time hours though as they have to let you go back on the hours you left on?

Is there a childminder who would be able to cover that half a day?

Maybe if you went back on your original hours and can show that your duties can be fulfilled in less time they would then agree to let you reduce your hours then.

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