@Bluestorm
Hi everyone, this is the first time i have posted. I am a mum of 3 children aged 4,2 and a baby. I am currently on maternity leave and I am desperate to reduce my hours when I return to work but I have been told if I ask for a change of hours I will automatically be giving up my current rota and be forced to work a rota with night shifts.
After my last period of maternity leave I requested flexible working a reduction from 30 hours per week to 28 hours per week, which after appeal was granted but my rota changed from no nightshifts to 22 over 8 weeks which was completely unworkable for me! I then had to go through a lengthly grievance process before my original 30 hour shift pattern was reinstated! I have worked for the company(NHS) for 5 years and have never worked a night shifts. By requesting flexible working would my employer legally be able to force me to accept a rota with night shifts? So sorry for the long post! Ideally I would like to reduce to 24 hours per week with no night shifts. I have several colleagues whom work this type of shift pattern, would my employer be able to refuse my request? Thank you so much for any advice.
Organisations with complex shift patterns, like the NHS, do sometimes seem to struggle with how to accommodate flexible working requests.
As a general rule an employer is not allowed to take away your existing work pattern and shifts simply because you have made a request to work a different pattern. What is helpful is to be very clear about what pattern you are asking for; it sounds like the issue last time may have been that you asked for a reduction in hours without necessarily specifying that you could only work particular shifts. Your flexible working request should be absolutely clear that the pattern you are asking for is 24 hours with no night shifts and that you would prefer to retain your existing hours if they cannot accommodate this request in full (if this is the case).
Make sure that your flexible working request complies with the requirements of the legislation. The NHS has a specific form for flexible working applications which will make sure you include the following necessary information:
? You must state that you are making an application for flexible working;
? You must specify the change applied for and the date on which it is proposed the change should become effective;
? You must explain what effect, if any, you think making the change applied for would have on the employer and how, in your opinion, any such effect might be dealt with. It?s good to provide a reasonable amount of detail here; you want to persuade your employer that what you are asking for is feasible;
? You must explain how you meet, in respect of the child or other person to be cared for, the conditions as to relationship specified in the flexible working regulations (i.e. self-certify). In your case, you need to say you are the mother of children under the age of 17 and you have responsibility for bringing those children up.
Your application should be in writing and dated and should say when you made your previous request (there must be twelve months between requests). For those whose employers do not have a standard form, you can get one from the Directgov website.
When you make a flexible working request, your employer can reject it on one of the following grounds:
? burden of additional costs
? detrimental effect on ability to meet customer demand
? inability to reorganise work among existing staff
? inability to recruit additional staff
? detrimental impact on quality
? detrimental impact on performance
? insufficiency of work during the periods the employee proposes to work
? planned structural changes.
These are pretty broad grounds and employers can usually find a reason which fits into one of these categories if they want to turn down a flexible working request.
Without knowing more about the situation at your workplace, it is difficult to tell whether any of the above would apply. The fact that you are aware of colleagues who work the pattern you wish to work may suggest that it is reasonable for your employer to allow you to do so, but it is also possible that, having allowed a certain number of employees to work particular patterns, an employer reaches a position where it cannot allow other employees to work similar patterns and still cover the work which needs to be done.
If you make your application in the right way, your employer is under an obligation to have a meeting with you within 28 days (unless it simply agrees the request). This is a chance to discuss the logistics and perhaps convince your employer that the pattern you propose would be possible. If your employer decides to reject your request, you should get an answer within 14 days in writing with details of the reasons why. You then have a right to appeal the refusal. This should be done within 14 days of the decision, should be in writing and should be dated. It should set out your reasons for appealing.
Unless your employer allows the appeal without a meeting, it must have a hearing within 14 days of your notice of appeal. You are entitled to a written decision within 14 days after that hearing. All of these time limits can be extended if you agree to that. You are entitled to have a companion at any meetings, who must be a colleague and could be your trade union rep, if you have one.
If, ultimately, your request is refused after an appeal and you are unhappy with the reasons given, you may be able to make an application to the employment tribunal. You can only complain about the flexible working request process itself if:
? The reason given for refusal is not one of the permitted grounds;
? Your employer?s decision was based in incorrect facts;
? Your employer failed to follow the flexible working procedures set out in the regulations.
However, if you find it difficult to work the hours that your employer requires because of childcare commitments it may also be possible that you would have an indirect sex discrimination claim. See our response to SepSep.
It is important to remember that a complaint to an employment tribunal has to be made within three months of your employer?s decision on your appeal (or three months from a breach of the regulations, such as a failure to give you such a decision either at the initial stage or at the appeal stage or failure to hold a meeting with you as required by the procedure) so you need to take advice and act quickly. See the sources of advice detailed at the end of this Q and A.