To feel that I'm being treated unfairly at work?

[careerchangemaybe]

I'll try to keep a long story short and just the facts - trying to be as objective as possible.

Recently returned to work from 10 months maternity leave - been back 6 weeks now. I have struggled with my mental health whilst on maternity leave quite significantly - I spent some time admitted to a mother and baby unit when my baby was born, and have struggled on and off with anxiety and low mood throughout my maternity leave. I have been seen regularly for therapy by a perinatal mental health team, who are fabulous and have helped me lots.

Part of my struggles relate to separation from my baby, which sends my anxiety into overdrive. Hence the return to work has been extremely hard indeed, to put it mildly. But I've put a brave face on and tried to just get on with it thus far.

I submitted a request for flexible working / reduced hours to my manager. I wanted to go from FT (37 hours a week) to PT (33 hours a week). So in effect I'm asking for a reduction of just 4 hours per week. It's been declined. On the basis that it cannot be justified in the current for climate of severe staff shortages and the service being at crisis point as a result of Covid (I am in a large public sector organisation).

However, I know for a fact that some other colleagues work flexibly and have reduced hours, for their own reasons. So in effect I am being treated differently because of the work climate at the moment.

I honestly feel as though I will end up on long term sick if I have to continue to work FT hours. I am asking for a small bit of flexibility to enable me to keep working and to meet my health needs.

Am I being unreasonable? Any advice on how to proceed with this? I'm really lost. Thanks.

However, I know for a fact that some other colleagues work flexibly and have reduced hours, for their own reasons. So in effect I am being treated differently because of the work climate at the moment

When did they make their requests? Pre covid?

I don’t think you are being unreasonable particularly if the business has said yes to flexible working to other employees, but I have no suggestions how you can go about changing this. They sound quite backward in their thinking tbh.

If it is about staff shortages then your manager is being very short sighted as surely it's better to have you 34 hours a week than lose you to a more flexible employer.

As you say, 34 hours is likely to not make a huge impact compared to 37 so it does seem very unfair. However, I don't really know the employment law/HR rules around this well (largely because as a manager I would agree to a request like this in a heartbeat, despite our service being stretched

@BernadetteRostankowskiWolowitz

However, I know for a fact that some other colleagues work flexibly and have reduced hours, for their own reasons. So in effect I am being treated differently because of the work climate at the moment

When did they make their requests? Pre covid?

Some pre covid, some mid covid due to sickness / stress

I know at least one person's request was agreed mid covid last year whilst I was on mat leave

If other people have had requests approved prior to yours being submitted it stands to reason that there's left flexibility left for everyone else now.

You're not being mistreated IMO - it's just bad timing.

*less flexibility

How would the 4 hours come off your time? If you are proposing leaving an hour sooner every day, does this impact cover? Might reducing your hours by a full day or 50% be better for the business as easier to cover than ad hoc hours

All flexible working requests are dependent on 'business needs' which is a very broad get-out clause.

25% of our team have already reduced their hours, therefore our total amount of available hours is x. We can't run our service with fewer hours than x so therefore we are rejecting your request to reduce your hours is a valid reason. I'm not saying it's fair or right! But it is a reason. So in terms of 'am I being treated unfairly' - I think that would be very hard to prove.

However it does seem that your work is really out of step with the prevailing mood. Everyone is looking at hybrid working/new work patterns post-Covid so I wonder if there's another way you can work this. Is there a working group looking at flex? What have they said about back to the office/hybrid working? How can you influence this?

Your policy should also say how quickly you can re-request by the way. So if someone leaves who has reduced hours and they recruit someone on full time hours to replace them, the business need argument is weakened.

@BernadetteRostankowskiWolowitz

How would the 4 hours come off your time? If you are proposing leaving an hour sooner every day, does this impact cover? Might reducing your hours by a full day or 50% be better for the business as easier to cover than ad hoc hours

Yes, this is a good point. Four hours is hard to cover. It's actually easier to cover half a job because then you can get a job share in. Can you talk to your manager informally to find out the reason behind the standard reason?

@BernadetteRostankowskiWolowitz

How would the 4 hours come off your time? If you are proposing leaving an hour sooner every day, does this impact cover? Might reducing your hours by a full day or 50% be better for the business as easier to cover than ad hoc hours

33 hours compressed over 4 days, with one slightly longer day and 3 days with normal hours. Leaving me with one day a week off.

I’m sorry you’re going through this, it’s not unfair treatment I’m afraid, because there reaches a peak of what they can allow staff in terms of short hours and they can do no more. It’s just they have no reached that peak and can’t allow any more.

*If it is about staff shortages then your manager is being very short sighted as surely it's better to have you 34 hours a week than lose you to a more flexible employer.
*

Yep - had this exact discussion with my OH last night. I'm already looking elsewhere, so now for the sake of 4 hours a week they are going to potentially lose a good member of staff and have a gap of 37 hours a week.

YANBU can you seek HR/free legal advice?

Tell them you'll be seeking a 33 hour role elsewhere then. They can have you for 33 hours or they can have you for 0.

They don't own you. Walk away.

Or, could you ask to compress your 37 hours a week into four days? E.g. 9 and a quarter hours a day:

8am - 1pm
20 min statutory lunch
1:20 - 5:35

Other people’s flexible working requests are irrelevant if they were approved before yours. Sounds like you work in an in-demand role, perhaps seeking a new PT position elsewhere might work better.

Agree with others - unfortunately they don’t have to agree flexible working just on the basis that others have been allowed to have it. If that was the rule imagine the chaos of everyone suddenly decided to request it! You’re not being treated unfairly if they have reached their limit of what can be permitted.

And while they may lose a good member of staff - from their POV it may still be easier to find a new person who will work FT than try and cope being short staffed one day a week.

HR professional here! It doesn't appear your being discriminated against from the info you've posted, echoing what others have said. However, it's generally encouraged that your workplace should suggest an alternative that could work for them. It may be what they suggest doesn't work for you but hey, it might, or at least meet in the middle i.e. finish an hour early three days and start an hour early the other days so it's still full time? Might be worth putting the ball in their court and asking what could work alongside the business need.

You're*

@BeeDavis

You want to go on long term sick when you’re not actually sick? Great idea, OP. That will really sit well with your employer.

Did you read the OP at all?! I am sick. I have severe postnatal anxiety and depression for which I am medicated and undergoing regular therapy.

@LlamaLucy

Or, could you ask to compress your 37 hours a week into four days? E.g. 9 and a quarter hours a day:

8am - 1pm
20 min statutory lunch
1:20 - 5:35

This doesn't fit with my childcare provider's hours unfortunately, they close at 5.30

@BobbinHood

Other people’s flexible working requests are irrelevant if they were approved before yours. Sounds like you work in an in-demand role, perhaps seeking a new PT position elsewhere might work better.

I do. There are umpteen vacancies at the moment for my role.

@DoubleChinWoes2

Is postnatal anxiety / depression covered under the equality act at all?