To request flexibile working

[Justyou]

It's actually my dh who is requesting it, and seeing how much people supported the idea of a work/life balance on another thread he s asked me to try to get advice here.
My dh works for a large store, approx 80-100 staff.
I recently got diagnosed with MS and we have 3 young children.
He has requested to work shifts finishing by 5pm so is here to help me with the kids at busy times as this would be very beneficial as supported by my consultant.
His employer have refused his request, they have not followed procedures correctly and in fact influenced other staffs decision to say no to doing his late shifts telling them they would do all of them if they agreed and it would b 5 a week rather that one every so often. A person in charge has also been telling staff that as I can still drive occasionally I am really fine and he is exaggerating me being ill.
This is a really difficult time at the moment for us coming to terms with everything and things are being made worse with all this stress.
The company actually publicises the fact that they are leaders in flexible working and a work life balance.
Sorry it was long but any advice on if we can do anything would be very welcome.

Have they put the refusal in writing or was it verbal? Are the shifts available or would they have to create special working hours for your DH? TBH, my first response would be to get legal advice. Can you go to CAB? A lot of lawyer will give an initial consultation for free or a really reduced rate. Do they actually understand what MS is - what a bunch of pillocks. Sorry, that doesn't help.

and no YADNBU

Did he submit a formal request and how did they reply? What procedure didnt they follow correctly?

They only have to consider the request, they can refuse for a number of business reasons. If the set hours will impact on other staff it's very reasonable for them to say no.

They didn't stick to any formal time guidelines, taking over 20 days to respond rather than the legal 14 declaring they don't have to follow gov legislation they can use their own?
It was in writing, they have taken new staff on in the meanwhile who could have worked those shifts , they gave loads of figures that were incorrect.

Also the other staff have shifts to suit looking after grandchildren, lifts home off other workers, not wanting to work late on weekends

Call ACAS for advice.

Thank you, I did and we now have a union rep who has said appeal , it's so hard though when this company are full of promotional stuff saying how great they think flexible working is and they fully support it and are leaders in it but we are struggling with our request, it's taking ages and meanwhile I m struggling , kids are missing activities and I m relying on the kids for helping me when I m unsteady or giving them meals that are easy as i m too tired to cook or leaving the oven on

The law on flexible working has changed and the old procedures done away with - they just have to make a decision within 3 months now. See this www.gov.uk/flexible-working/overview for more details of the process.

As far as his flexible working request is concerned, the reason is irrelevant - they just need to consider his request and can turn it down for one of the specified business reasons. HOWEVER, it's possible if they have accepted it for everyone else and people have been saying things like you're not really ill etc etc, it's possible he could use this to make a claim for associative disability discrimination. If you've been diagnosed you are (as I'm sure you're aware) legally disabled for Equality Act purposes and he'd be saying they turned down his request because of your disability, and accepted others.

First step I'd suggest writing to them saying he wants to appeal the decision to refuse flexible working/bring a grievance.

It's a bit much to expect to finish at 5 all the time in retail. Could he offer a compromise if split shifts or working later shifts at weekends.

Surely if they have statements and policies in place all around how they think flexible working is a good thing and want to promote it within the company they can't be as dead against it as they are.
As soon as he requested it the manager said no way before he even applied formally.
The women generally are on early finishes and no late weekends and the younger lads get given all the later ones

The women generally are on early finishes and no late weekends and the younger lads get given all the later ones

That's discriminatory, isn't it?

Yes I know they are the ones who are saying I m fine really.
The boss did a pretend rota showing how they could accommodate his request and it was fine but now says it's too difficult.