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Requested flexible working still waiting..... Next step?

4 replies

mmmmmchocolate · 12/02/2011 13:54

I'm looking for some advice/opinions about my flexible working application. Bit of back story-
I phoned my boss on the 15th jan to say I'm requesting a flexible working schedule. I asked her where to send it, she gives me an email address at head office where I send it straight away.
On the 18th I pop into work to give my boss a copy and just to inform her what I have requested. She says she will send a copy to HR as well.
A week later on the 25th I contacted human resources as I had asked them to just confirm they had received it and had heard nothing. They firstly say they don't know anything about it then come back on the phone and say they are waiting for my manager to send it. 20 mins later my boss texts me saying sent it to this email address. I get a reply not long later with an attachment to fill in saying what days/shifts I'm requesting. I send it back and she replies saying we will be in contact soon.
On the 27th jan I get an email saying this HR person will be off now and it has been passed on to the area manager (my boss' boss) and she will contact me to arrange meeting.

So here we are 2 weeks later and today is 28 days after I first sent the application. As I understand they have to set a date for the meeting within 28 days. What do I do now? I'm fed up of chasing, I go back to work in 6 weeks and I still havnt sorted childcare for my youngest because I'm waiting to hear what days/shifts they want me to do. Plus if they're going to say no I need time to find another job.
It's just getting me down now :( if anyone has any suggestions or know what my rights are now I'd be very grateful.

OP posts:
mmmmmchocolate · 12/02/2011 13:56

Sorry that's long. Hope it's not too confusing!

OP posts:
flowery · 12/02/2011 15:41

Well it's either chase them or sit and wait for them to get back to you, and although it's irritating having to do all the legwork, I can't see that the second option is going to be best for you.

I would write formally to your manager copying HR in, (rather than relying on them to communicate with each other), saying you placed a request on x date, you understand the legislation requires them to set a date for a meeting to discuss your request within 28 days, the 28 days has now expired and you have heard nothing from them, meaning they are not following the required legal procedure. Ask for them to confirm a date for the meeting within the next two weeks (or something).

A formal letter rather than ringing/emailing will be better.

mmmmmchocolate · 12/02/2011 16:33

Thanks flowery. I think that's what I'm going to have to do. From what I've come to understand from the government site is that because they havn't contacted me with a date within 28 days, should they say no I could appeal on the grounds they havn't followed correct legal procedure. Does anyone know if this is correct?
I get the feeling they're going to be as awkward as possibe so I want to know what my rights are to challenge them.

OP posts:
flowery · 12/02/2011 16:44

You can certainly appeal on the grounds of failure to follow procedure, but just because they didn't quite follow the right procedure doesn't entitle you to demand your request is therefore agreed. So if the decision itself is fair, appealing only on the basis of a procedural problem is pretty pointless really. All they will have to do is re-hear your request following the right procedure.

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