Flexible working denied - appeal?

[PippiL]

I work FT for a publishing company.

I just had my flexible working request denied.

I requested PT hours 60% of current work load, on the basis that I work for 2 people and the split is 60/40. I wanted to spread this 3 day work load over 5 days thus enabling me to do school hours.

The grounds were:

1. Cost of hiring. Company is in super-contingency and so won't get sign off for another permanent member of staff part time. Plus difficulty hiring a PT staff member. They claim work could not be given to another staff member or shared out due to continuity.

1. Impact on quality of work. Not mine, as we established that my personal work would be done at the same level, but the 40% that would be left unaccounted for.

Do I have grounds for an appeal? It seems to me that the basic reason here is cost. The other quality of work reason is just a consquence of that.

I have seen that the reason of cost alone is not really enough.

Any advice appreciated before I hand my notice in!

[flowerybeanbag]

What do you mean you 'have seen' that the reason of cost alone is not really enough?

Burden of additional costs is one of the eight allowed reasons for refusal. No idea whether it's justified in your case, but it sounds as though in the current circumstances it might well be.

It's also fair enough not to want to dump 40% of your current workload on other staff, although I wouldn't use 'continuity' as the reason for that, but instead would say (assuming it's the case) that other members of staff don't have extra capacity.

Are you able to propose a compromise that involves you doing your existing job on reduced hours rather than essentially getting rid of a large section of your job? Can you do tasks differently, is some of what you do not completely necessary, can you compromise and work, say, 75% and cover both parts of your job?

[PippiL]

www.workingfamilies.org.uk/images/Factsheets/factsheets%20091020/flexible_working091020.pdf

States that added costs alone are not a good enough reason if this is the only reason for rejecting the change.

I feel that really the only reason they are giving me is cost.

They say:
The business grounds for decision to refuse request are:
Inability to reorganise work among existing employees
Inability to recruit additional employees

Also say:
Detrimental effect on quality
Detrimental effect on performance

The quality and performance reasons appear to just be plain rubbish. We discussed the fact that I didn't believe that quality and performance would be affected, and in the meeting my manager said that my 60% would not be affected but the other 40% would.

I just feel as though they haven't tried enough to make this work. Stating that they wouldn't be able to hire someone with relevant qualifications for PT hours is just speculation.

Also that for me to be able to train new person hours would overlap and so total hours and costs would be in excess of 1 full time employee. Thats nonsense. Doesn't matter when the hours are, surely?

"working a shortened day would mean than much of the day would be spent catching up on things that had happened while out of the office, and not anticipating things. This would have a negative impact on the quality of work done as it would necessarily become reactive and not proactive" nonsense.

[PippiL]

www.workingfamilies.org.uk/images/Factsheets/factsheets%20091020/flexible_working091020.pdf

States that added costs alone are not a good enough reason if this is the only reason for rejecting the change.

I feel that really the only reason they are giving me is cost.

They say:
The business grounds for decision to refuse request are:
Inability to reorganise work among existing employees
Inability to recruit additional employees

Also say:
Detrimental effect on quality
Detrimental effect on performance

The quality and performance reasons appear to just be plain rubbish. We discussed the fact that I didn't believe that quality and performance would be affected, and in the meeting my manager said that my 60% would not be affected but the other 40% would.

I just feel as though they haven't tried enough to make this work. Stating that they wouldn't be able to hire someone with relevant qualifications for PT hours is just speculation.

Also that for me to be able to train new person hours would overlap and so total hours and costs would be in excess of 1 full time employee. Thats nonsense. Doesn't matter when the hours are, surely?

"working a shortened day would mean than much of the day would be spent catching up on things that had happened while out of the office, and not anticipating things. This would have a negative impact on the quality of work done as it would necessarily become reactive and not proactive" nonsense.

[PippiL]

Whoops sorry about double post.

[RibenaBerry]

Pippil

I'm not sure that this sheet is that helpful on that particular point I'm afraid. It doesnt say that costs aren't a good enough reason. It says this:

"As well as stating one of the permitted reasons, your employer should explain how they think the reason applies to your circumstances. So, they cannot just say Ã?Â?I reject your request because of the burden of additional costsÃ?Â?, they must follow that up with some more detail on how it applies to your particular request."

i.e. you can't just say "We can't do it because of cost". You have to say "We believe a job share would only be viable with an overlap of at least half a day and that would add an additional salary burden." Or whatever.

That reference later on is to a case called Redcar, which was a case about equal pay.I'm not sure how relevant it is to your situation. There is a general proposition that cost alone doesn't get you off an indirect sex discrimination allegation, but I think that's difficult to square with a flexible working application, where cost is a specific reason for refusal.

The quality and performance do not have to be the bits you'll be doing. They can be the bits you won't be any more. Is there any way you can address this in your appeal?

In terms of the job share, are they saying that they feel they need cover for all of every day, hence overlap equals cost? You don't agree with this. Explain why in your appeal.

For the last statement, include your views in the appeal. Try to actually address their views head on.

It is always worth appealing if you disagree with a finding. Sometimes more senior managers have a wider remit or viewpoint than the originial decision maker.

[flowerybeanbag]

What Ribena said. The legislation is very clear that at least one of the eight acceptable reasons must be given, one of which is burden of additional costs. The factsheet is also clear on that. The legislation (and factsheet) then go one to say that detail must be given of how the specified reason applies.

I don't think the quality/performance reasons are rubbish. If no one else is recruited to cover the other 40% of your job, although 60% of your responsibilities would be performed to a high level, the other 40% wouldn't be.

Inability to reorganise work among existing employees is fine, but inability to recruit might be challengeable, as you you say, until they've tried it's speculation really.

I would suggest you appeal if you disagree with the reasons, and also consider offering two compromises. One with you dropping your hours by slightly less, and covering the whole job, if that's possible.

Another with a trial period, giving them a set period of time to attempt to recruit someone as a job share.

[reddaisy]

Hi Pippil

Just to let you know that I successfully appealed my work's decision to turn down my flexible working request. The deputy managing director overruled my boss which was for me!

I got a trial period of six months where the onus is on my boss to prove that my absence out of the office has been detrimental, if he can't prove that then I get another six months!

I almost didn't bother putting in an appeal because I thought the outcome would be the same but if you feel strongly about it then you should IMO. And Flowery and Ribena and DeirdreB were so helpful on here to me - better than my union rep so best of luck whatever you decide!

[RibenaBerry]

Aw, shucks!

[PippiL]

Thanks so much for your advice.

I'm not sure how much it will change things but I will appeal.

I have a few things I want to challenge but essentially if they have made up their minds that they don't want to do this, then thats that. And as you say, their reasons are not erm, unreasonable!

I know that an appeal would go to my Editorial Director and an HR manager. The Editorial Director will probably not be swayed. She was in labour at work, and only had 3 weeks off when she had her baby. And she works full time. And I know she has already discussed this request with my boss. But the HR director may have an impact.

Unfortunately they have left this until I have taken some time off work to move house, so now is not a good time for me to sit down and construct my case. I might be back for more advice on wording!

[flowerybeanbag]

There's quite a tight timescale set out for flexible working requests, so if they've taken too long to hear your request and respond to it you should certainly include that in your appeal, see here.

[PippiL]

Unfortunately I can't get them on timescale - mores the pity

They made sure they did that by the book.

I feel like giving up right now because I don't know if its going to be worth fighting it. And I will have to hand in my notice as we are moving to an area where childcare is very scarce. My husband can't cover all the school runs.

They won't really be saving money as they will have to recruit anyway!

[reddaisy]

Don't give up. I asked for my appeal to be heard by someone impartial who had not been privy to the decision making in my initial application so that the decision was not a foregone conclusion.

Could you stipulate the same in your appeal letter? Give it a go, at least when you are back at work you will know you tried everything to get the hours you want and then you won't need to kick yourself!

[RibenaBerry]

The appeal should always be done by someone not involved in the original decision reddaisy, whether you request it or not. Tis not a proper appeal otherwise!

I agree that it's sometimes worth making it clear that you're aware of that fact though!

[PippiL]

is this a bit strong?!:

I am writing to appeal the decision to decline my flexible working request.

There are several aspects of the letter you sent me dated 10th March 2010 that I believe could either afford further investigation, or just do not make sense.

?Inability to reorganise work among existing employees?:
You state that the other EA?s are at full capacity. This may be true, but has an audit of EA workload been undertaken to show this to be the case?

?Inability to recruit additional employees?:
You state that employing additional employees is very difficult due to economic conditions. This fact is subjective and should not be used as a reason for declining my request.
You state that it is unlikely that you would be able to attract a sufficiently qualified candidate for part- time hours. This fact is also subjective, no attempt has been made to do this, and as such this statement should be disregarded.
You state that the hours I work and a new staff member worked would be in excess of a full time employee. This does not make sense. A new staff member would not have to work the hours around my working hours. As long as the hours add up to 100% of a full time role any working hours could be covered. Therefore training could take place at a time when we are both present in work.
You say recruiting a new staff member would not be justified by improved quality or performance. It would be unfair to expect an improvement in quality or performance. It would be fair to expect a continuation of quality and performance, that I feel can be supported.

?Detrimental impact on quality?:
If I worked 60% of my workload in 60% of a full time role, there should be no impact on quality as far as my workload goes. Sophie agreed with this fact in our meeting on Wednesday 10th March. There may temporarily be an impact on the quality of the other 40% while a new staff member could be hired.
To say that my work would become reactive not proactive is not true. Quite often I receive emails out of work time, or phone calls on my lunch hour. I deal with these as soon as possible during the working day, dependant on work load and meetings etc. Many of my authors are women who work part-time hours themselves, I know when to contact them, and they would know when they could contact me, or expect a response through good communication. Marketing and Pre-Press do need prompt responses to queries, however Marketing especially give long lead times for deadlines to ensure proactivity. Prepress also let us know well in advance when they require costings etc, and I don?t believe there are many queries that can?t wait a few hours.

?Detrimental impact on performance?:
Further to the previous point stating that my work would become reactive not proactive, you say reduced hours would affect the commissioning editors as they would have to deal with urgent queries. This may be true to a certain respect, in fact this is true at present. If I am away or ill the commissioning editor may have to deal with a query. Normally this requires a quick phone call, or response by email while the query is forwarded onto me to deal with on my return. As I am proposing to work reduced hours but every day of the working week, this would mean queries could be dealt with in a timely manner with at most a few hours delay.
You also say that EA?s on part-time hours would not be able to take on common administrative duties. This is also not necessarily true. If the workload is covered and there is neither more nor less work to do within the hours, it should follow that there would still be time within a part-time role for common administrative duties.

I would like you to reconsider my request for part-time hours. I don?t feel that all avenues have been investigated fully to try to facilitate my request.

At my 6 month end of probation meeting it was agreed that I am working to a good level in all aspects of my job, and I have outstanding communication skills. I feel that these skills would aid a move to part-time hours, and I would be happy to go the extra mile to ensure, continuity, commissioning editor support, author contact, and support for the business unit.

[flowerybeanbag]

Honestly? You're sounding really quite stroppy. You are entitled to appeal but basically they need persuading to change their mind, and sounding stroppy is more likely to put their backs up and make them defend their decision rather than reconsidering.

I'd have another bash if I were you...

[PippiL]

No offense taken! I was feeling quite stroppy when I wrote it. Bad weekend moving house and parents got my back up :-(

I will have another go, I just appreciate honest help here.

Thanks

[flowerybeanbag]

No worries - sorry you've had a bad weekend. Perfectly reasonable to feel stroppy about this anyway, it's really important to you of course. Just not the best way to get what you need.

[RibenaBerry]

I agree with Flowery.

Your structure generally is good - i.e. responding to each heading. Just try and do it in the most positive and pro active way you can. Try and get rid of phrases like "this statement should be disregarded."

It's important that it's your authentic voice, so I won't try and rewrite it but, for example, I would say on that bit.

"You have said that it is unlikely that you would be able to attract a sufficiently qualified candidate for part- time hours. I do not think that this is the case, but recognise that you see it as a concern. I think that this could be addressed by a trial period for the new arrangments during which you attempt the recruitment. I would be willing to do anything I can to assist in that process and if, at the end of the trial, recruitment has not been possible, I would be willing to review the arrangments to try and find other solutions."

Or something like that.... This assumes that you agree that recruitment is necessary, if you don't you obviously say something a bit different.

[PippiL]

Right I have taken all the general stroppiness out. But otherwise left the format relatively the same.

I have tried to make it as persuasive as possible by instead of just picking out the problems in their letter declining my request, but by showing how I think I can help make it work etc.

Thanks for your help. I'll let you know how I get on.

[RibenaBerry]

Good luck!

[PippiL]

Hi again,

I have my appeal hearing tomorrow with Editorial Director and HR Manager.

What should I expect?

Should I plan out any further ways I feel I could compromise? Will it be a done deal by this stage?

I'm very scared. I know I can take a colleague with me, but not sure that would help much really.

Any advice appreciated.

[RibenaBerry]

You'll be fine.

Personally I would plan your worst case compromise scenario, but that doesn't mean I'd put that on the table. I'd just make it clear in the meeting that, if they think they are going to turn you down, you'd like to discuss compromises.

[PippiL]

Thanks for all your help and advice.

The appeal request was still refused.

I understand they have certain business decisions they have to make, but I do really feel that this is something they "could" have stretched to if they really wanted. But they didn't.
They still cited the reason that my work would become reactive rather than proactive, which I don't like because it implies that I would not be able to do my job properly.

So I was going to hand my notice in today until Dh started prattling on about mortgages! Better leave it a while until we have solved that argument! But I feel very demotivated to say the least.

Thanks again

[flowerybeanbag]

Sorry to hear that Pippi.

[DeirdreB]

Pippit, I was wondering if I could help? Leave it a few days and have a think but it might be possible to downsize your job to 4 days without loosing any of your tasks. You could work on it for a few months, talk it through with your superiors and represent your flexible working request for four days a week. I might be able to help you with this process, I'm a SAHM at the moment but have some experience in this and believe with a passion that it is possible to take work out of work and spend more time at work doing value work stuff rather than time consuming work.