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Anyone successfully appealled a refusal to a flexible working request?

(11 Posts)
MrsJamin Thu 11-Sep-08 19:47:36

Work have turned down my request to go part-time, is it worth appealling or should I just accept their decision and the consequences (i.e. I give my notice in because I don't want to work full time)?

avenanap Thu 11-Sep-08 19:48:31

Have they given you a reason why they have refused it?

NorthernLurker Thu 11-Sep-08 19:50:20

There was somebdy on my ante-natal thread who appealed I think - and I'm pretty sure they won but it still wasn't an ideal situation as her boss was an arse! I'll hunt about a bit...

MrsJamin Thu 11-Sep-08 19:50:43

Business reasons, i.e. the work won't get done, they need a full time person. Not sure I could argue that the business wouldn't suffer if they wouldn't take on another part-timer.

avenanap Thu 11-Sep-08 19:52:39

This is the only reason why they are legally allowed to refuse. I don't see job share as a problem though. I should hang on for someone with some more knowledge then me though.

NorthernLurker Thu 11-Sep-08 19:54:28

this thread might give you food for thought but not massively encouraging alas!

bran Thu 11-Sep-08 19:55:24

If you handed your notice in would they just let you go?

I had this when I went back after adoption leave. I had been working 4 days a week before the leave and I wanted to go back 3 days a week but I was refused. I didn't bother appealing, I just went back 4 days a week while I was job hunting. Once I found another job (also 4 days a week but closer to home) I handed in my notice and suddenly they were perfectly happy for me to work 3 days a week, one of them from home.

I think it wouldn't have worked if I had handed my notice in before going back, by going back and taking on some complicated and long-term projects for a couple of months I made it more awkward for them to lose me.

MrsJamin Fri 12-Sep-08 08:18:40

Thanks for your comments everyone, I'm going to do some serious thinking...

flowerybeanbag Fri 12-Sep-08 08:55:31

best reason to appeal is if they haven't followed the procedure properly. That's all a tribunal could enforce anyway. They have to give at least one of 8 reasons and explain how that reason applies, but it sounds as though they may have done that?

Reasons are -

Burden of additional costs
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 periods the employee proposes to work
Planned structural changes

They must specify which reason applies and explain why it applies.

Bottom line is, even if they didn't follow the procedure, by appealing you would only force them to consider again following the procedure this time.

But by appealing it would give you a chance to address their concerns. How about a compromise? Think about offering a compromise and/or a trial period to make it easier for them to say yes and easier for you to prove it will work. Think carefully about what your proposed solution/s would be to the problems they've raised.

flowerybeanbag Fri 12-Sep-08 08:57:38

Ooh and for a (long drawn out) success story when it comes to appealing a request, do a search for messages by Talky in Employment topic.

MrsJamin Fri 12-Sep-08 09:08:14

Thank you flowerybeanbag, that really helps me think about appealling. They've followed the procedure to the letter and have mentioned several of those 8 criteria listed so I don't think I have a chance.
TBH I was in 2 minds to go back anyway!

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