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part time work/flexible working refused

(17 Posts)
voyagerfan Thu 07-May-09 21:51:28

How do I find part time work? Everything always seems to be advertised full time but ppl always seem to be trying to go part time....
My flexible application was refused to go part time so was my request to take holiday soon after I get back (so I can see ds starting school) sad

vodkaandcoke Thu 07-May-09 21:54:17

Why was it refused?

babyOcho Thu 07-May-09 21:57:57

do you have the right to appeal?

voyagerfan Thu 07-May-09 22:28:17

he said it deterimental effect on customer demand (we dont acutally have customers, but collaborating workers from other institutions) because if I had a jobshare in effect we would have two part-time people (doing different projects). I did previously say we could share a project but he hasnt said anything about that, and that these part time people would then not be around all the time for others to consult.

Most other people in the group do tend to travel a lot anyway and I've not heard of anyone else being refused holiday. ever. sad

Do you think appeal would stand a chance? Went to a meeting about my flex but my head did feel really woolly. An appeal has to be heard by the head of HR.

NatLex Fri 05-Jun-09 10:24:29

I had mine refused too for the same reason, which was rediculous and I decided not to appeal, as was still on probation. Have a very strong feeling that once they refuse you, they will not agree to anything else any time soon. In the same position, desperate to go part-time or work from home and can't find anything anywhere and it doesn't look promising here either, so getting more and more unhappy!
Let me know what you decide to do and if you are successful.
Best

voyagerfan Fri 05-Jun-09 15:50:16

hello, went through the appeal process, but in fact has got worst in a way as they said can't even go back to original contract as has got homeworking on it for two days a week (looong commute) and they not support homeworking any more. other ppl in the office also rely on homeworking not just me so not sure whats happened to them but expect they're OK.
They said homeworking is always a perk and they can recall you to the office at any time, they would have to go through disciplinary procedures. Sounded like they bit threatening if I come back on that contract they'll just start making out theres something wrong with my work or I haven't done enough so would end with black marks against me if work there any longer. shock

Just hope they might let me go redundant but dont know whether its true what the HR guy said that they can recall you any time from homeworking.

I don't want to work there any more!! sad

Anyway think HR guy said he was going to send me an email confirming everything, but if homeworking is cancelled can't read it (small sense of satisfaction emotican).

NatLex Mon 08-Jun-09 09:16:36

Yes, that's what I was worried about - making things worse, hence not appealing. That's why I think this policy is a joke, as they can refuse you point blank and then if you appeal, things get worse, so you can't win either way. What's the point?
I also read somewhere recently that you can't actually appeal if you simply disagree with the decision, you can only appeal if they didn't give one of the five reasons listed in the policy - what a joke!

lal123 Mon 08-Jun-09 09:24:01

I don't think they'd be able to make you redundant as your job is still there?

HappyMummyOfOne Mon 08-Jun-09 14:32:43

I think its very easy to see things from your own point of view on these applications and forget that the employer has a business to run.

Lots of applications are granted, some straight away others with a little give and take on both sides. There are times when applications have to be turned down, ie where the number of hours wishing to be dropped cant be covered by a job share, the hours are needed to run the business, requests to work from home with no childcare in place etc and it is right that employers can say no otherwise they would have no business.

Voyagerfan, I cant see them making you redundant as it sounds like your old role still exists to return too. They would only make you redudant if the job didnt exist anymore. They dont have to make the position redundant because you dont want to return on the same contracted hours.

MrsGuyOfGisbourne Mon 08-Jun-09 14:46:55

fwiw I was initially turned down my boss, (for term time only working in a male-dominated industry) I appealed, the uber-boss agreed to a trial basis, after 6 months the orignal boss agreed it had been a good thing for me AND the company, and is still working well 5 years later... So is worth an appeal if you can genuinely see it will be win-win.

MrsGuyOfGisbourne Mon 08-Jun-09 14:47:37

(and suggest a trial period?)

NatLex Tue 09-Jun-09 08:42:06

it is unreasonable to turn it down when you are consistently excellent on performance (their words), solid childcare in place, proven record of success working from home, respected by the team. One day a week is not a lot to ask with a long commute. Still think it is a joke. My boss is also easily influenced by his boss and other people, can't say no to anyone even if he believes something else or disagrees - a bit pathetic really.

RibenaBerry Tue 09-Jun-09 17:37:50

Don't have time to comment on the whole thread, but just to respond to NatLex's comment about appealing. You DO have the right to appeal just because you disagree with the decision. It doesn't need to be a failure to provide one of the reasons.

HTH

NatLex Wed 10-Jun-09 12:04:21

I read it on the internet in the policy on flexi hours.
I am thinking of having another go (providing my manager agrees) and suggesting working every day, but reduced hours, that way I will still be in the office every day, which was the original problem I think, we me working remotely from the office once a week.
I really do hope they will let me, but worried I now have to wait another year before applying again, which would be such a pain. Does anyone know for sure I have to wait a year after a rejection or can I put forward a different pattern without having to wait?

RibenaBerry Thu 11-Jun-09 08:40:41

I am afraid in that case your company's policy isn't correct Nat. AFAIK, the right to appeal is not qualified in any such way in the legislation.

In terms of alternative proposals, the legislation does say that you have to wait a year before putting in a new request (assuming that the first request was a formal one under the legislation, and not an informal chat with a manager or whatever). However, if you set out alternatives in an appeal and they refuse to consider them, that would look very bad later on. As you are probably aware, the main threat in these cases is not a claim under the flexible working legislation itself, but a sex discrimination claim and those look at all the circumstances, not just strict compliance with procedures.

NatLex Thu 11-Jun-09 12:31:06

Thank you Ribena. That's the problem now with having to wait another year. My boss is supportive of my alternative suggestion, I spoke to him today. He said it might not be possible to bend the rules, as it is a policy. Such a pain!

RibenaBerry Thu 11-Jun-09 16:41:01

I would be inclined in that case to include your alternative proposals in your appeal. I would also suggest to your employer that they take some advice on appeals if they think that the only reason you can appeal is failure to specify the reason for refusal.

A well advised employer would hear your appeal and consider your alternative proposals, then only turn it/them down if they needed to use on of the list of business reasons - ie. effectively they should look at it as a new request. It is very short sighted not to because of the sex discrimination issues I mentioned. If they still turn it down on appeal then yes, unfortunately it's a year until you can try again. That's to stop people just putting in a new request every single time so that they are constantly in the application process!

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