Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Flex working request refusal

12 replies

Minxie1977 · 17/08/2010 14:18

I am due back from mat leave at beginning of Sept and my Line Manager believes the Director will refuse my flex working request. I worked p/t, 4 shifts per week before my leave and can only work 2 shifts on my return. D saw my request before he went on leave and the 28 days to decide will be 26th Aug, however D does not return from leave until 31st. My LM has suggested I accept an unofficial offer from her - she has no authority to make final decision - for me to work 2 days for 6 months then address the issue again. I am loathe to do this as I have a satutory right to have my request looked at now but (as far as I know) will not have that same right if I return to work & ask again in 6 months. Does anyone have any advice? If they do refuse for me to go to 2 days, does anyone have appeal advice? I belive I have a sex discrimination case as the mother of a child.
TIA

OP posts:
Original poster
Minxie1977 · 17/08/2010 14:20

Oops - I meant Statutory Blush and apologies for the spelling - am rushing as DD having nap!

OP posts:
BlingLoving · 17/08/2010 14:22

Surely this is not a flexible working request but a request to work part time or to reduce hours?

As for the D having to give permission, I agree you should get that from him. In his absence, I would be in touch with HR and not accept a compromise from your line manager, no matter how well meaning it may be.

Original poster
Minxie1977 · 17/08/2010 14:34

The HR doc I was sent by LM to assist my request termed it as a Flexible Working request - they use it as an umbrella term for flex, compressed, part-time hours, etc.

I have contacted HR who say it is only D who can make decision and he has 28 days to do so. He's not back for 5 days after this and I will have 14 days to appeal his decision (which will run into my start date if decision is delayed). Thing is I can't go back for more than 2 days so am really stumped about what to do if they say no.

OP posts:
hairytriangle · 17/08/2010 16:31

This is a flexible working request and comes under the legislation.

What your manager is suggesting is that she signs it off as accepted in the absence of teh director? I think this is a good solution, as it gets you what you want, as long as the Manager has the authority to do this.

If the Manager has authority, all well and good, if not, the company needs to delegate responsibility if the Director will not be back to agree/refuse it within the 28 days allowed.

It would put them on a poor footing to go over the 28 days in terms of the legality of the situation.

"Thing is I can't go back for more than 2 days so am really stumped about what to do if they say no."

This is why I encourage people not to bank on flexible working requests - they do have the right to say no.

annh · 17/08/2010 16:48

You don't necessarily have a case for sex discrimination if your request is refused for good business grounds either. If your company can show that, for example, they need to have these four shifts covered and that they cannot find someone to do just two shifts if they agree to your request, then that would be the case regardless of whether you are male or female.

Original poster
Minxie1977 · 17/08/2010 18:34

Thanks - my manager has no auth to agree this it would be unofficial - so i will say no. DH and I work at same place so I can only work his days off - which they know. I appreciate they can say no, however they have had noone in to cover me on mat leave so my position is they will have 2 shifts covered which is 2 more than my year of leave.
I thought I might have a sex discrimination case after looking at the direct gov site - as I cannot find childcare for the hours I am required to work - all night, early starts and late finishes.

OP posts:
rookiemater · 17/08/2010 18:43

As far as I understand it they can go back to a flexible working request and agree it for a trial period, which is effectively what is happening here.

It seems to me you might be better placed to accept the offer of working 2 shifts for 6 months then having it reviewed as if the arrangement operates successfully for that period of time you have much more chance of it being agreed. I think this is what your line manager is trying to do by accepting it unofficially.

If you force the issue now then you probably lose the support of your manager and are likely to have your request refused by your director.

rookiemater · 17/08/2010 18:44

Oh and as far as I am aware unfortunately you wouldn't have a sex discrimination case for the shift times.

All your work would have to do is confirm the business requirement for those shifts and show that they have tried to accomodate any flexible working request.

I hope you get it sorted out I really do, but I think you need to work with your line manager.

Original poster
Minxie1977 · 17/08/2010 20:01

Thanks - I'm willing to work with her, but the summer is a much busier period at work and I think the temp solution will only be to get me back to work now, for them to say that I will have to work more shifts for busy period. If I do it unofficially I think I lose my statutory right to have my request seriously considered - am I wrong?

OP posts:
rookiemater · 17/08/2010 20:17

Ooh way above my head on that one, hopefully one of the employment experts will be able to answer your question.

Original poster
Minxie1977 · 17/08/2010 21:08

Thanks anyway - I hope so too Smile

OP posts:
Original poster
Minxie1977 · 19/08/2010 07:08

Bump for appeal advice Smile

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread