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.

That's incorrect advice on the EA, AintNoPartyLikeANumber10Party.

Your GP could write you a fit note recommending reduced hours, it doesn’t have to be a case of being signed off completely.

You are unwell and you are entitled to ask for your reasonable adjustments. You shouldn’t have a give up work just because you are not well enough for full time at present.

It will probably be better for you to do it this way as you will have support from occupational health and can look at phased return/wfh options etc

[quote careerchangemaybe]@DoubleChinWoes2

Is postnatal anxiety / depression covered under the equality act at all? [/quote]
If it's considered a disability, then yes, abut that still doesn't mean your work have to approve your request if it doesn't meet business needs. If they have a justifiable reason to decline it, they can. You might need to understand more about their reasons for declining it and what they would accept.

Side note, only a tribunal can decide whether the equality act applies. You, your work and OH can decide whether it likely applies to you but it would need to be tested at a court for a definite decision

@RaspberryTed

I was thinking of asking my therapist in the perinatal team to write a supporting note, and to send this to occupational health after I'm referred, so it's covered from both angles.

But you're not asking for 'a reduction of just 4 hours per week' you are asking to go from 5 days down to 4 (with compressed hours). That's a bigger change in working pattern than your OP suggested. The employer needing to cover the fifth day is a legitimate reason to decline a flexible working request I'm afraid.

Doing 5 shorter days is unlikely to benefit your mental health as much and will make poor financial sense with childcare etc so I'd be looking at other jobs. Or get Occupational Health involved and make it a reasonable adjustment rather than a flexible working request.

@tootiredtospeak

My one point to you would be this. PT hours with a day off is really good for your mental health. Compressed hours with long days isnt always that good. Yes you have the day off but it sometimes makes things harder overall. Earlier mornings later evenings you get home and baby is straight to bed then you are up and out and barely see them. I have done 8 till 6 3 days a week before and found that I barely saw my child. I left at 6.30 before they woke up and got home at 7.15 just in time for them to go to bed. It felt like I lost my quality of time with them. In the end I just went PT so down to 27 hours with a full day off and normal start and end times. I know that's probably not going to happen in your current job but if you decide to look elsewhere it's worth bearing in mind with your separation anxiety.

Thanks. I understand what you're saying, but my proposal for reduced hours would mean only one longer day (when my partner can look after the baby as he's off work on that day). On the other 3 days I'd be leaving work at the normal time to collect my baby from childcare.

Everyone is the world - GPs, OH, therapists, midwives, MH support - can agree you need the change for your health but the organisation is not duty bound to accept it IF they can justify the business can't operate effectively with the request. The if is obviously a big if - if you think they are just saying that but COULD implement the change, you'd need to take them to a tribunal. They'd need to explain adequately what the business justification was

I also think you are approaching this the wrong way, eg instead of it being about a request for flexible working, could you ask for an adjustment due to your health issues (in relation to which you have plenty of evidence) ? Or even a phased return from mat leave with a view to being back at your previous hours within, say, 8 months?

It is bloody stressful op, sorry. I would also feel v stressed and upset.

"But you're not asking for 'a reduction of just 4 hours per week' you are asking to go from 5 days down to 4 (with compressed hours)."

@SatinHeart

You're incorrect here. 4 days a week would equate to 30 hours a week. I am asking to work 33 hours a week, compressed over 4 days. I would be the equivalent of 4 full days plus 3 hours.

*I would be working, that should read.

@TooManyPlatesInMotion

I also think you are approaching this the wrong way, eg instead of it being about a request for flexible working, could you ask for an adjustment due to your health issues (in relation to which you have plenty of evidence) ? Or even a phased return from mat leave with a view to being back at your previous hours within, say, 8 months?

It is bloody stressful op, sorry. I would also feel v stressed and upset.

Yes this seems to be the way I need to go.

Where is your husband/partner for pick ups?

I’d appeal the decision citing the other people that work flexibly. I’d also make sure your request deals with issues such as whether you will need cover on your day off or if you can simply get everything done during the compressed hours. All of theses things have to be taken into consideration.

I'd also add that particularly in light of the events of the last couple of years, employers should be more alive to these issues and keen to accommodate if they can. If they are not, then they will lose staff, esp in an area where there are shortages of staff (like yours). You can go and work elsewhere... And employers will have to deal with people voting with their feet.

There may be a good business reason why they said no. However, in the current climate a responsible employer would try to suggest an alternative.

@DoubleChinWoes2 - I’m confused by this. If OP is currently unable to work full time because of a health condition and there is medical evidence to support this, the company doesn’t get to decide if they “accept it” or not.

This is a separate issue to the working flexibly request, as has been pointed out.

@MajorCarolDanvers Unless you are an Employment Judge and have reviewed OPs medical history you cannot say that she is definitely covered under the EA and I don't think its helpful to the OP to say that she is.

Op, only a few conditions are definitely covered by the EA, the rest it's about whether you meet the criteria as others have said. Only a Tribunal can decide this, although OHS will often make an assessment on whether its likely to apply:

www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act/

However, even if you are covered doesn't mean they have to give you your requested hours, just means it's a bigger risk for them to decline. Legally they can decline working patterns for certain reasons and the reason they have given does fall in line with those. What others have been granted in the past is irrelevant and in actual fact probably makes their business case stronger for why they can't support yours.

However, I also work in HR and agree with @DoubleChinWoes2 that I would normally expect to see a discussion around what could work so I agree that you should go back to your manager to ask if there is a compromise here and perhaps mention as part of that discussion you'd like an ohs referral to see what adjustments and support you require due to your health.

However, OHS can only make recommendations and the business only need to accommodate them if they feel they are reasonable.

@BernadetteRostankowskiWolowitz

Where is your husband/partner for pick ups?

He works long shifts and there is no space for flexibility with that due to the nature of his work. But he is asking for a fixed day off work every week to look after our baby, enabling me to work a longer day on that day.

If your boss is happy with you compressing your hours into 4 days, would you be OK with this if childcare was possible?

Has your DH/DP asked for flexible working to enable him to do pick up or drop offs four days a week, thus allowing you to compress your hours? Or can he drop hours by the 4 per week to allow this?

You would still keep one full time wage and get a full day off a week, and your DH would be able to take some of the slack childcare-wise. Thus is not your problem to solve alone, it needs to be both of you coming up with a solution

I wonder if you work for the NHS ? This sounds so familiar. They have such outdated views on flexible working (in some departments everyone is doing their own thing and as the policies are so vague...depending on business need /discretion of the manager ...there is no consistency) I would get advice from ACAS and the equality commission.failing that you go part time and they can advertise for the other half of job. They can't argue with this. (I know you can't afford it but with less childcare/travel costs it might not be as unaffordable as you think ) .. just look for another role. Sorry its like this .... take care of yourself

I would also say, when I became disabled and had to look at changing my working pattern I thought I knew what would work best for me. Except I really struggled and started to become more unwell.

When I met with OH they identified a pattern that would never have occurred to me but that turned out to be transformative - and that my employer could agree to. OH brought their wealth of knowledge and experience to bear.

I get why you're a bit wedded to your current proposal, but it might not be the right solution and simply digging your heels in won't change the obstacles.

Being eligible in law for reasonable adjustments doesn't mean we get whatever we would ideally need or wish, only what is reasonable for the employer. But absolutely do get OH input. It can be very valuable.

Sorry, see that you have just answered that!

[quote RaspberryTed]@DoubleChinWoes2 - I’m confused by this. If OP is currently unable to work full time because of a health condition and there is medical evidence to support this, the company doesn’t get to decide if they “accept it” or not.

This is a separate issue to the working flexibly request, as has been pointed out.[/quote]
No, but they would consider whether they can continue to employ her and may dismiss her on the grounds of ill-health if she can't fulfil the contract. There is no obligation to keep a contract in place if the employee can't fulfil their responsibilities within in

[quote careerchangemaybe]@AintNoPartyLikeANumber10Party

Thank you.

Does it make a difference if my mental health decline actually began in pregnancy and I was referred to the perinatal team for support more than 12 months ago? [/quote]
Yes it does.
OH assessment is the best place to start.

No, but they would consider whether they can continue to employ her and may dismiss her on the grounds of ill-health if she can't fulfil the contract.

Is this legal?!

So if you do 4 hours less how does the business replace that time? They can hardly advertise for a 4 hour a week replacement. I can see how what you are asking for helps you but not how they can make it workable.