Flexible working appeal, we need help!

[citybranch]

This is a kind of complicated back story so i'll put it in bullet points if that's OK!

*DH and a colleague at work wanted to swap jobs. Exactly the same role but DH wanted the part time job to be at home with DCs more, and colleague (let's call him Joe) needed fulltime for more money. Unions were consulted and DH was advised to do it as a flexible working application which he did.

*Manager took longer than 28 days to respond and only did after a reminder from DH.

*In the meantime, Joe applied for another job within company and two days before flexible working meeting was offered it. He still preferred the idea of the swap (better salary) so said he would make a decision within 5 days as he was waiting for the outcome of the meeting, other department said fine.

*Meeting was held, with HR person in attendance. Response to request was No. Manager said that the swap could not take place as she had Joe's resignation in front of her. DH was obviously shocked, and he found out after the meeting that this was not true. Joe is now similarly unhappy but has been forced into taking the other job as he could not keep the department waiting for his answer any longer.

*During meeting, DH asked if he could simply move into the part time role, if Joe was resigning it would be vacant surely? Answer was No, we are not filling that vacancy.

*HR person was of more help and has said DH can still appeal despite Joe now being out of the frame (somewhat against his will). He has also promised to look for another part time location for DH, which will be a compromise with a longer commute but we'll see what he comes up with.

*After DH left meeting, the manager called his mobile and told him 'the only rostered part time position available is X'. This location is a 2 hour-each-way commute for DH.....it's only a 4 hour job!

*DH happens to have a supervisor friend in that location so he phoned him. There is no part time position there, only full time. They have never had a part timer there.

Well done if you got this far! Our heads are spinning with what seem to be very apparent untruths. What should DH put in the appeal? The unions are looking at this also, but I was really hoping that someone here could give us some advice!

Many many thanks for reading!

[flowerybeanbag]

Tricky isn't it? You need to strip away all the ins and outs and look at the remaining facts.

Bottom line is that why Joe is no longer in the frame is between Joe and the employer. Joe is now in a different job and as far as your DH is concerned, that's just the situation and he has to work with that. So no job swap available, and the response that they are not going to fill Joe's role is perfectly legitimate.

In terms of the seemingly fake p/t role 2 hours away, that's very bizarre. But as your DH wouldn't take a job there anyway, again, in real terms the fact that there seems to have been a lie about it doesn't actually make any difference to the situation.

Your DHs appeal should contain two things, firstly any procedural errors, failure to follow procedure or anything they've done wrong in terms of how they've dealt with the situation.

Secondly how and why they should actually agree to his request. You need to remember that the purpose of the appeal really is to persuade them to agree the request. So if your DH still wants them to consider a part time request even though a job swap is no longer an option, he needs to explain how that would work and why they should agree it.

[citybranch]

Thanks for your reply!

We think the fake p/t job is a trick to make DH panic and nominate all the other p/t positions closer to home. Some of these are occupied and some are not. Once he nominates a location with a vacancy the move has to take place, then he'll be out of her hair for good (she doesn't like him as he also has a son with leukaemia and she won't accommodate appointments, see earlier posts).

A few months back there was talk about displacements and one particular employee was encouraged to nominate a certain location to move to. She did, as she felt as though it was better to jump herself than to be relocated somewhere totally unsuitable. She put her name down, the move went through 100mph..... and the displacements never happened. A new person is now sitting pretty in her old job and she moved somewhere she didn't want to go!

It looks like the manager may be trying this with DH.

It's a very large company with lots of full and p/t positions. Many moves are taking place all the time, it seems very strange that this one particular position is 'sacred'.

[smad]

May not be any use now but find a union that supports your area of work - good luck for future

[flowerybeanbag]

"nominate all the other p/t positions closer to home"

I'm a bit confused. So there are part time jobs he could go to? Does he not want any of them? It's not clear whether he's requesting changes are made to his existing job under flexible working legislation or a transfer to another job.

What is it he actually wants from this appeal?

[citybranch]

sorry, i know it doesn't make sense. Its a bit tricky because it is quite particular to the transport industry and I don't want to give the company away!

4 years ago the company created some part-time versions of DH's job title, this was part of a new work-life policy. The times are fixed and duties vary. They all come under the same title though!

I'll do an example of 2 locations, to kind of simplify:

Location A: DH's current location with 45 min commute, taking on a p/t role which is currently uncovered. It's 0700-1100 (perfect for us), very busy place, opportunities for overtime. DH is the only person on the waiting list.

Location B: 25 min commute but role is 0500-0900 (a bit early - he'd need to drive in incurring petrol/parking costs). Very quiet place and it would be lone working for DH. Is also vacant but DH has not put his name on the waiting list as it doesn't really suit.

So both roles are uncovered, and manager is saying she will not permit him to have either at the moment, even though he put in formal flexi working request.

Instead, she said the only place he CAN take at Location C. 2 hour commute each way so even if it was fabulous there it can't be done! DH investigated this location anyway, but found out there was no such position and they are all full-time out that way.

We think she said Location C, knowing it was out of the question for DH in order to make him panic (time is an issue, have just returned from Mat Leave this week) and put his name down for Location B. Then the manager at Location B would allow the move to take place and he'd end up there. Other managers appear to be allowing moves with no trouble. Once you move you have to stay there for 12 months and rejoin the waiting lists after that.

[citybranch]

What he wants from the appeal is to move into the vacant part-time position he has legitimately nominated for, rather than an unsuitable alternative.

The manager has made DH's life very difficult since DSS got leukaemia 18 months ago.. DH had to take emergency leave to be with DSS as we didn't even know if he'd make it. She phoned him incessantly during this time wanting to know when he'd be back. There is currently a Great Ormond street appointment every 6 weeks that DH wants to take him for.. it's a lumbar puncture..and this manager has refused the last 4 annual leave day requests. Yet others take the day off for a football match!

I think she really wants him gone.

[flowerybeanbag]

In that case whatever internal rules/practices apply when transferring to different positions are important. Assuming the position he is requesting is vacant and they are recruiting for someone to fill it, then his appeal should be fairly straightforward, and based around formally requesting that position again, demonstrating that there are not queues of other people applying for that job, and pointing to whatever rules apply to transferring positions.

[citybranch]

OK great, will show him this. Thanks so much