AIBU - Lodged official complaint in work

[Adsy1988]

Will try not to drip feed. I was on secondment for 15 months in a role that ended at the end of March. It was a great job, allowed me to WFH at times in order to collect my children from school as my childcare changed dramatically in the last six months, meaning I need to collect them two days each week.

This was an issue when I returned to my old, permanent role, and was not allowed to WFH, meaning I had to get my contract changed to allow me to work two short days (set days) each week, and three longer ones, ensuring I continued to work 35 hours per week.

Six weeks ago an amazing job was created, basically encompassing what I worked on in my secondment and my current, permanent job. I applied, was successful and accepted the position, which was again, a nine month secondment, potentially with the opportunity to go permanent.

I got a Skype message from HR last week, asking if I was intending to take over my current flexible working pattern to the new job, which I confirmed I would be.

Yesterday I went into the office to find an email from my hiring boss stating that my flexible working pattern would not suit this role (bear in mind my new hours mean leaving at 2:30 pm two days each week rather than 4:00 pm), and would I consider doing normal hours for the term of the secondment. I replied, stating this wasn’t possible, as I had to be at school for 3:00 pm two days a week, but with ample notice, I could arrange alternative childcare for stuff that would require me to be in the office on days when I am meant to be collecting my children.

The hiring manager replied, stating that this wouldn’t work, and as a result, was withdrawing the offer of employment.

Now here is the kicker. Basically the hiring manager is seconding me as a favour to another team who doesn’t have the budget. I will have little, if anything, to do with him. I messaged the manager of the team who I technically speaking would report to, and expressed my disappointment. He was perplexed as it had been described to him that I didn’t work FT, and the reason for the offer withdrawal was that I didn’t work 35 hours, and that he had no issue with me leaving early two days per week, as long as I worked the full 35 hour week.

He asked me to leave it with him whilst he contacted the hiring manager as he was extremely keen to have me join his team, I had by far the most experience out of all the applicants. He replied stating he had had a word, it appeared that it was miscommunication in that the hiring manager assumed that I didn’t work 35 hours, and that was the reason for the withdrawal.

I haven’t heard anything further from the hiring manager, and got notification from HR today that he withdrawal of the job offer has been requested.

I have since submitted an official complaint stating that for an organisation to promote a flexible working lifestyle (a main key description of the organisation), to have removed my job offer because I have young children to collect from school, is pure and blatant discrimination.

Was I wrong to complain officially?

Leaving at 2.30 would be virtually half a day where I work and doing that twice a week would cause issues just in terms of communication, meetings etc. I suspect hiring manager will feel they’ve dodged a bullet if your first instinct is to put in a grievance without any conversations.

It could be indirect discrimination on the grounds of sex. Tribunals have recognised that as women take on a higher proportion of the childcare responsibilities, they are more effected by turning down flexible working.

They can only reject a flexible working request for certain business reasons. If the manager has said the job can be done on condensed hours, then they would find it hard to argue against.

I would ask for written reasons as to why the role cannot be done on the work pattern requested.

Yes, you were wrong to complain officially so quickly. By the sounds of it, you complained before HR would even have had chance to resolve it amicably

With my team I'm as flexible as possible re staff and working hours, but as a pp said, leaving at 2.30pm twice a week basically means no afternoon meetings on two days out of five. It's a fairly big ask, and saying no doesn't mean the company is anti-flexible working IMO.

Think you've overreacted here. I'd also be wary about having someone in my team who's prone to overblown knee-jerk responses, rather than working things through sensibly.

He'd gone back on his agreement though, he'd said he wouldn't withdraw the offer after all, then went ahead and did it. I can see why the OP didn't feel like waiting around. Delay and the job would be filled by someone else.

As it is, even if I am offered the position I would turn it down as I wouldn’t want to work for such an inflexible manager. But felt aggrieved enough to make the powers that be aware of the situation.

You sound a bit petulant to be honest. You say you don’t understand why this manager didn’t just speak to you directly if there was any ambiguity - yet, knowing he’d originally intended to withdraw the offer, but that there had since been further discussions, you didn’t speak to HR directly to double-check there was no confusion? Why wouldn’t you at least ask if this was perhaps the original withdrawal, and could they please confirm?

Now, you’ve gone in all guns blazing and have made yourself look like a troublemaker. This could be quite the own goal.

Thanks for the responses. I do regret going all guns blazing as I was raging at having the offer withdrawn without actually getting the opportunity to chat with the hiring manager, should have kept a lid on it but emotions took over.

Think I will go back to HR tomorrow and state that I wish to withdraw the complaint, as looking back there wasn’t much point as to be honest I wouldn’t want to work with someone that inflexible. It concerned me how it would look long term if I asked for time off if one of my kids was sick, he seemed very black and white in his emails.

Still think you are being ridiculous in turning down the job. The hiring manager is not being inflexible, you said yourself there was a miscommunication, he thought you didn't work full-time and didn't realise that you make up the hours lost on two days by working longer on the other three days to make up a full 35. If anyone is being very "black and white" about this it is you.

You’ve completely jumped the gun.

You were told the offer was withdrawn due to a miscommunication and then got a HR notification of the withdrawal.

The sensible thing would have been to go back to the manager and ask if the notification was related to the same miscommunication.

IME it’s mainly pains-in-the arses that raise ‘official complaints’ at work and it’s unlikely to have done you any favours.

If you can withdraw it, I think that would be well worth doing because I don't think you've done yourself any favours here. Especially if it is the only time they have not flexed your hours - you've thrown your toys out of the pram far too early!

YANBU. Sounds like the hiring manager has some preconceptions about women in the workplace. Might be worth talking to ACAS for some more guidance.

I don't get the timeline either. It seems like you've already made your mind up about whether they're a flexible employer or not.

Do you do something that will be easy to find alternative roles?

Don't withdraw your complaint!
No employer should ask how you're managing your childcare, that it outright discrimination and clear he withdrew the job as you have commitments for your children!

I'm with CherrySoup and virtually everyone else who posted since.
You say this job was going to be great and have now created a situation where it would be really difficult to do it.

1. if the job was that great, then make it work with the childcare - the school's afterschool club isn't the only option
2. why you would go charging in with official complaints, before speaking, in person to the people who would know if it would work, and have the chance to sort out any confusions ?

The more you post, the less you sound like the sort of person I'd want on my team, tbh.

But the OP wasn't asked that. Or if she was, it's not in any posts...