Flexible working- boss not following the regulations and being difficult. What can I do?(5 Posts)
I hope someone out there can advise me as this is casting a black cloud over my precious maternity leave. I've been really tense all day today, and feel very stressed about it all...
I am a teacher in a primary school. Before I started ML I asked my boss to consider job sharing me on my return to work. Another teacher is also off on ML, wants to job share and we are both going back at the same time. I was hoping HT would consider it and let me know soon, but HT didn't and so I then put in a formal request beginning of July. Under the terms of the act, they are then supposed to let me know within 28 days. Instead I got a letter saying that they'd let me know by 31st Oct! i left it over the summer hols, but now DH hs job interviews and we need to know what days he can work, and I need to start planning for my return to work (ie napping, getting to know carers, will I need to use a nursery as well as family, do I need to start LO on a cup of milk etc) so I sent a friendly email, explaining this and asking to be informed asap about the decision, mentioning the 28 days as guidance and asking to be told by the end of sept. V frosty response by return email "As I said I will be in touch".
I am so cross and frustrated! I have already been v patient and waited beyond when I should need to for a response. i really don't think I am being unreasonable. But what can I do? HT is clearly ignoring/unaware of the legal guidelines, but I seem to be powerless to force the issue. And HT is being snippy with me!!!!
(And i know that I really can't send the email I want to- 'well you've no £@ing choice, stop breaking employment law and tell me"!!!
Does your LEA have an HR department you could talk to?
Also I suspect as a teacher you are in a union so I would give them a ring.
I suspect they will suggest you try a phone call as sometimes an email can seem very confrontational to try to resolve the issue informally.
The other thing they will suggest is raising a formal grievance if the issue isn't resolved informally.
You (and/or your union) may decide this has gone on long enough and go straight for the grieviance.
Take back the control - it will make you feel better to follow a process - so this stops spoiling your ML.
I would agree speak to your union and to HR, who may be able to nudge your HT in the direction of the legislation.
In terms of forcing the issue further, you'd have to bring a grievance, and then in theory you could take it to a tribunal, but all they could actually force your employer to do is hear your request again following the procedure properly. By that time it will all be too late anyway.
Get your union and HR on the case as a first step.
Is there possibly a reason they need to wait longer? For instance, are there any personnel changes in the not too distant future? Also, is it possible that the HT doesn't want to refuse your request, but needs to work out a few issues first?
Is there anyone who could tell you why it will take until November for a decision on an unofficial basis?
Why don't you just reply saying "I would appreciate your response as soon as possible. As you are aware, the legal requirement is ...."
Or would that just piss her off? (and would you care if it did?)
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