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Flexible Working

(4 Posts)
yolk119 Wed 25-May-05 22:42:48


I am currently on AML and due back to work at the end of October. A month ago, I approached my employer informally about returning 2/3 days a week and subsequently submitted a formal application.

Following my informal request, one of the Dir's e-mailed me and said they considered my position full-time and that it would not be beneficial to myself or the business to undertake it on a part time basis.

We have since met and they asked whether I would consider part time hours over 5 days - 5 mornings or afternoons or some other similar arrangement but to include some afternoon hours. However, they would favour afternoons so that I am present when our US office is on line at 2 p.m. They favour 5 days on part time hrs for continuity purposes and so that there is always a presence in the office. I suggested and volunteered job sharing as this would be an ideal solution re: continuity if the position is full time.

I continiously referred back to their first e-mail which basically said the job couldn't be done part time. My direct questioning was dismissed and they just talked their way out of it by saying they were investigating all options of part time working to find a balance for both parties but to ensure and show the position was meaningful and not just a token.

They continiously asked if I would accept part time over 5 days if offered to me. I explained that I would seriously consider their suggestion but would not at this stage say whether I would/would not accept. My favoured working pattern was outlined in my application - 2/3 days. If I wanted part time over 5 days then I would have asked for it and I didn't. They never asked if I would accept 2/3 days if offered it, instead they constantly went on about the 5 day option.

As I would not say whether I would accept the 5 day option, they then proceeded to question whether my application for part time working was in fact serious. I just said (quite smuggly) the answer is staring you in the face! I wouldn't have spent the time preparing a formal application and arranged childcare to enable me to meet you if I wasn't serious - I do have better things to do than waste my time.

They said that they have to consider the basis of my application, which doesn't include the 5 day option. If they approve my application then its deemed as accepted as they would have basically agreed my request. If they don't agree then I would still have a full time job to return to if I wanted it.

They never mentioned any of the business reasons for refusing flexible working outlined in the legislation.

I don't particularly want to work mornings or afternoons over 5 days. I would rather 2/3 full daYs. If I worked mornings, there'd be no presence in the afternoons. At least with 2/3 days there would be a presence in the afternoon on 2/3 days of the week.

They have promised to reply to me within 14 days.

Should I e-mail them and say I have considered the 5 day option, the answer is no and ask them to revert consideration back to my initial request.

If they are to accept the 5 day option then how can they now refuse 2/3 days on the grounds of continuity? Have they shot themselves in the foot?

They haven't even brought anyone in to cover my position during maternity leave. Apparently, the Directors and others have absorbed some of my tasks but this doesn't infer that there isn't a position for me to return to.

If for example they offered me 2/3 days with effect from the expiry of maternity leave, could I later resign giving my contractual notice but without actually returning - so, I would serve notice during maternity leave?

Is anybody able to offer me some advice. Maybe you had experienced something similar and have first hand experience?

Prompt responses would be GREATLY appreciated.

Bye for now

Yolk119 XXX

CountessDracula Wed 25-May-05 22:44:35

oh yolk watch out, they don't have to agree to it at all. it is toothless legislation. Will find you my thread on it...

CountessDracula Wed 25-May-05 22:48:27

here it is

bossykate Wed 25-May-05 22:48:58

agree with cd, contact or get specialist legal advice - sorry nothing more positive to add. good luck.

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