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Flexible working declined - any comeback?

(13 Posts)
Crustyjugglers Fri 03-Jan-20 23:01:55

My work have declined my flexible working request following maternity leave on the grounds of it not suiting business needs (fair enough). However, they have taken four months to reply to my request and left it two days before I'm due to go back to tell me this. (Previous meetings and a KIT day did not so much as hint at this being an issue as the plan was to job share.)
I'm monumentally fucked off.
Do I have a leg to stand on legally? Company policy is to respond to requests within three months - CAB website states this too. Any help greatly appreciated.

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rosina38 Fri 03-Jan-20 23:06:16

How disappointing for you. First step would be to either appeal the decision or raise an informal grievance about the process in writing

Crustyjugglers Fri 03-Jan-20 23:15:11

rosina38 thanks for your reply! I don't think I want to appeal - I'd feel like I was grovelling for my old role back and my pride hurts too much. I'll definitely raise a grievance though, it's such a shitty way to treat someone.

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Incognito38 Tue 14-Jan-20 21:33:55

This is pretty much what happened to me just before Christmas, it's rubbish isn't it. Have you resigned or just gone back on your old hours? I decided to see a solicitor and due to them not following procedure and several dodgy comments made to me during the process she thinks I've got grounds to take them to tribunal. It's all in progress now and pretty stressful, especially as I know I'll struggle to find a new role part time at my current level/salary. But I'm pleased I'm pursuing it so that hopefully I can stop it happening to other people.

I would definitely recommend getting some advice, I'm really pleased I did.

Nikhedonia Tue 14-Jan-20 23:32:00

Bloody hell, that's terrible!

Did you have any contact outside of the initial fll flexible working request about your return?

Nikhedonia Tue 14-Jan-20 23:32:37

Ignore that random fll no idea what happened there blush

Xyzzzzz Tue 14-Jan-20 23:34:31

Call acas

I thought the had 28 days to respond?

feistymumma Tue 14-Jan-20 23:38:48

Also happened to me when I renewed my contract so am submitting a grievance on it and many other issues then next stop is tribunal. They are such bastards. Acas has a flexible working guideline or give them a call. I am sure it's a response within 28 days highlighting the business objectives for refusing flexible working. My line manager didn't do this, reached a decision in about two hours.

WeeM Tue 14-Jan-20 23:39:56

Does it go into more detail or just say business needs? Gov.uk states the reasons they can give for rejection and they are a bit more specific than just saying business needs: www.gov.uk/flexible-working/after-the-application
So perhaps challenge them on which aspect of the listed reasons their decision falls into.

Crustyjugglers Wed 15-Jan-20 06:46:06

Thanks everyone! I've been in touch with ACAS & they pointed me in the right direction re the legalities. The Employment Act 1996 states that they should respond within three months unless an extention has been approved - it wasn't. I've put in a formal grievance as there are other factors too...
Not really what you want going on when you're just back to work! Not going to let them sweep it under the carpet though.

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Crustyjugglers Wed 15-Jan-20 06:54:40

@Incognito38 it's rubbish isn't it - good on you for standing your ground.
I'm kind of in limbo land as I'm doing the hrs I asked for (but this is occ health stipulation as I have SI problems after pregnancy!) but not in my previous role. It's all very awkward and unpleasant as the rest of the team (who I used to manage) don't know what's happening either. It's a complete shit show! I'll see what they come back with (waiting for grievance response) they'll no doubt try to waffle their way out of it so have employment lawyer on standby.
Are you going to tribunal through ACAS?

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Crustyjugglers Wed 15-Jan-20 06:58:29

@feistymumma it's just pants isn't it? Keep us posted on how you're getting on!

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Crustyjugglers Wed 15-Jan-20 07:02:58

@WeeM plenty of detail but could definitely argue against many of the points. It's more the process than the decision that I take issue with and want them to take responsibility for their mistakes.

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