Appealing decision not to allow me to return PT

[Herecomestheninkynonk]

Hi all

My DS is disabled (rare chromosome issue), spent 4 months in special care after his birth, is fed by a tube into his tummy etc. He's a little angel despite his needs :)

Anyway, was so pleased local nursery would look after him, but now work say I can't go back part time (I can't go back full time cos of all his appointments).

Work have said that even though another mum at same level as me worked PT until her kids were at school, the role has now changed and I can't.

Have appealed the decision, but does anyone know what rights I have as the mother of a disabled child?

Any help appreciated.

As far as I know you don't have any more rights than a parent of a non-disabled child. On what grounds are you appealing?

Mainly it's about being treated differently to a colleague and them not allowing me work as she did.

There are lots of other things (as advised by TU), but also they've failed to properly consider my proposal, haven't commented on my proposals for how to make it all work etc.

You have no rights over and above the right to request flexible working.

The fact that your DS is disabled doesn't give you any extra rights to flexible working.

Someone working part time in the past doesn't mean your employer is obliged to allow the same now. Each request should be considered on it's own merits.

Having said that, if they haven't considered it properly, followed the procedure appropriately or given sufficient reason for refusal, you can appeal it.

its own merits.

Have you asked them to consider the role as job share rather than p/t? When I had my first child I wasn't allowed to return on a p/t basis, but they did allow JS.

Have you put your request to them in writing, and given suggestions as to how your P/T working would operate - can you forsee any benefit for them? They also need to give their business reasons for declining the request within a set time period (can't recall what that is) - if the only reason they have given you is "because the rules have changed", that doesn't really seem like a business case. I note you've got your union involved, that should be good for you.

Hi all, thanks for comments.

Just seems so unfair that I cannot physically work full time because he has so many appointments/equipment deliveries etc. And I'm going to lose my job as a result.

Will be hard to find something similar in this climate.

Appeal all done by the book and with union's support. There would be financial benefit to them if I went PT and as they are in financial difficulty (well that's why they say no one got a pay rise last year!) it would benefit them. They said no to job share. I don't believe the business would suffer in any way if I worked PT but they've listed 6 of the 8 reasons that they can refuse the request. Not sure why those reasons didn't apply to the other lady!

Just seems like a double blow IYSWIM, sick child and losing my job. Sorry, it's got me down. Will stop moaning now! Thanks formyour time.

FWIW I don't think you're moaning and I think you're right to appeal. If they haven't given your request due consideration (within the prescribed timeframe etc) and there are other colleagues doing comparable work who have been granted flexible working, then it sounds like you should appeal. Glad to hear your TU is supporting you.

Good luck!

Definitely appeal. Did they say why they wouldn't accept a job share? If a precedent has been set elsewhere then I can't see why they won't grant your request - unless they are trying to get rid of a member of staff through the back door, as it were, given that they are in financial difficulties

I won my appeal, hope this gives hope to anyone in a similar situation :)

Congratulations!!