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Turned down for flexible working :-(

(64 Posts)
CountessDracula Wed 16-Feb-05 13:58:11

I am seriously pissed off. Not sure whether the reasons they are giving are valid, I have not actually been turned down yet but I know it is going to happen after today's meeting.

Anyone eg employment lawyer or similar with experience who I could CAT for a bit of advice? I suspect I don't have a leg to stand on but it seems very unfair.

TIA

pixiefish Wed 16-Feb-05 13:58:57

They have to give valid reasons you know- why do you think they may turn you down

pixiefish Wed 16-Feb-05 13:59:32

From my union handbook

This is a new facility for parents of children under the age of 6 (or parents of disabled children under the age of 18) to request a variation in their contract to enable them to cope more easily with childcare responsibilities. The right is not an automatic right to flexible working but the right to request to work flexibly.

To be eligible the employees must have been employed by the same employer continuously for at least 26 weeks at the date of application.

Eligible employees will be able to request:

Reduced hours
A change to the times when they are required to work
To work from home.
An employee will need to set out the working pattern that they wish to adopt and explain the effect that they envisage it will have on their employer, including how it might be accommodated. The employer will then have to arrange to meet the employee to discuss the request within 28 days. The employer will, within 14 days, notify the employee of their decision in writing.

The employer has a duty to consider requests seriously and will be able to refuse a request only where there is a clear business reason, as defined in legislation.

The employee has a right of appeal and could make an application to an employment tribunal if the employer has breached the regulations.



the request can only be rejected on one or more of the following grounds

the burden of additional cost
detrimental effect on ability to meet customer demand
inability to reorganise work among existing staff
inability to recruit additional staff
detrimental impact on quality
detrimental impact on performance
insufficiency of work during the periods the employee proposes to work
planned structural changes.

CountessDracula Wed 16-Feb-05 13:59:34

They have given me a long list of their "issues" for my application.

pixiefish Wed 16-Feb-05 14:01:29

but they have to prove the reasons listed above/below/in previous post. It's not enough to say - we don't think....

Dh says radio 4 womens hour is very good on this one

CountessDracula Wed 16-Feb-05 14:01:43

Yes, they have raised issues on most of those points.

But OF COURSE there will be an impact on revenue if I go down to 4 days a week. This legislation means that any fee-earner will be unable to go p/t

NameChangingMancMidlander Wed 16-Feb-05 14:02:17

Bastards

CountessDracula Wed 16-Feb-05 14:02:46

I'm gonna leave

pixiefish Wed 16-Feb-05 14:03:01

but surely the revenue issue should be pro rata'd. Got to dash now for hospital appt. Try cat'ing sis- she's employment law

lisalisa Wed 16-Feb-05 14:04:54

Message withdrawn

WideWebWitch Wed 16-Feb-05 14:05:43

Cd, sorry to hear this. I hope Sis or someone sees this. the dti page and The EOC and Working families, who used to be new ways to work There might be someone at one of those who you can phone for advice. What a PITA for you. (and make sure everything's in writing, but I'm sure you've done this)

CountessDracula Wed 16-Feb-05 14:06:15

No, I'm a Project Manager/Bus analyst for a software house. DH is a lawyer

CountessDracula Wed 16-Feb-05 14:06:44

(business analyst, I don't analyse buses!)

WideWebWitch Wed 16-Feb-05 14:06:44

Cd, if you're going to leave anyway, you've nothing to lose by challenging them politely on it first. Or you could consider the contract option. At least you can decide then to not be available for school holidays/whatever.

CountessDracula Wed 16-Feb-05 14:07:17

I have a vg viable alternative but I may need to take gardening leave to make it work.

WideWebWitch Wed 16-Feb-05 14:07:24

Don't resign in a huff! Sleep on it at least. I know it's f*ing maddening.

CountessDracula Wed 16-Feb-05 14:08:20

Oh no, no huffs, all very amicable. Not doing anything immediately don't worry.

nasa Wed 16-Feb-05 14:08:41

that's shite CD, I think the legislation is very biased in favour of the employer. I believe it's easy for them (generally) to 'prove'the 'clear business reason' for refusing. Ex boss of mine pretty much said as much.
Any chance you could get PT job elsewhere?

Heathcliffscathy Wed 16-Feb-05 14:08:42

CD

I didn't realise this was all still going on...

bastards

ks Wed 16-Feb-05 14:10:05

Message withdrawn

northerner Wed 16-Feb-05 14:10:59

CD sorry to read this hun. Can't offer any advice but had to post something.

Are you really going to leave, or was that simply your first reaction cause you were so pissed off with them?

CountessDracula Wed 16-Feb-05 14:18:34

Oh no, I have been thinking about it for some time.

In fact I am currently on secondment to a partner firm who are desparate for me to join them. I know they will let me work flexibly or contract, plus they will pay me more.

I didn't want to just walk out on my company as I am a loyal person, but they have now left me with little option. My dd is more important to me than my job.

I had decided a while ago that if I was turned down I would look seriously at moving.

NameChangingMancMidlander Wed 16-Feb-05 14:19:25

Well balls to them then if you've got a better offer

motherinferior Wed 16-Feb-05 14:19:29

Hugs, babe
xxxxxxxxxxx

nasa Wed 16-Feb-05 14:19:52

well that sounds positive CD, go for it.
It's awful though isn't it that employers are so blinkered.

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