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Almost there...and gone...

(4 Posts)
Bombay2Goa Wed 19-Apr-17 19:14:49

Spent the last three months interviewing with prospective new multi-national employer, the job was what I wanted , had really good interviews and feedback was all positive. Got the contract in hand. Reminded the recruiter that I need to be sure new employer was ok with my hours ie 8:30am to 4:30pm. Can come in early or work later from home if the situation demanded. But have to leave at 5pm latest to pick DS from nursery by 6pm. Turns out new employer cannot allow me to do those hours because I cannot be treated differently from the rest of the team doing 9am-6pm. Friend tells me that in this day and age this construes discrimination...really? Contract does not specify start or end time- only the hours required per week. As background, I know the job will have over-spill at times but it does not require me to be sitting at an office desk to get the job done - working from home is fairly common for this type of work. Tbh - I'm now not convinced I want to work for an organisation that will not see me eye-to-eye regarding my childcare.

daisychain01 Thu 20-Apr-17 16:42:30

There is provision in law for an employee to put in a request for flexible working (not just parents). You need to have worked at the company for 26 weeks +. The fact other employees work the 9-6 work pattern may be because they haven't put in a request / don't need to do flexible working.

Have you let the job go now? If you can arrange cover for the first few months, you could put in a request for an adjustment in your times of work.

The fact other employees don't want to adjust their hours could work in your favour because you could justify in the business rationale that there is cover in the office for the hour you need to leave, and you'd make up the extra time at home which extends the hours of operation.

flowery Fri 21-Apr-17 11:04:39

Not sure why your friend thinks it's discrimination? The law requires an employer to consider flexible working requests from employees with 26 weeks' service. Not agreeing one from a new potential employee isn't discrimination.

Did you discuss the hours issue with the new employer at any time during the three month process? What was said?

MrsPinkCock Fri 21-Apr-17 19:31:32

It could be indirect sex discrimination, on the basis that the requirement to work until 6pm adversely affects women who are more likely to have childcare responsibilities.

However, more often than not they can justify that by spouting the usual business need spiel, so unless their reasoning is so obscure as to be perverse, there's probably no valid discrimination claim there.

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