Flexible Working Request Rejected...

[AuntMabel]

I've seen some very helpful responses to previous posts on this subject, and find myself in need of advice on a couple of points regarding a recent FWR request I have been denied. I am currently on maternity leave and was looking to implement this new working pattern upon my return to work later this year.

Firstly, if my company haven't followed the correct procedure for considering a FWR what can I do? My request was submitted last October. I haven't heard from my company in writing or otherwise acknowledging my request, aside from a phonecall last week inviting me into a meeting to discuss my FWR. When I attended the meeting I was told of their decision to reject my request right at the start - there was no discussion.

Secondly, I don't think the two arguments against my FWR that I was presented with in the meeting before I left, rather rapidly, hold much water. Firstly they insisted that my role needed to be covered full time. Yet they have not covered my role at all whilst I've been on ML. How can they use this as a cause of detriment to the business if the business is already functioning in my absence? They mentioned that my line manager's health was suffering - but surely that's an issue they need to deal with now, not in 6 months time when I return? They also stated that as they had made redundancies of several other roles in my department which had little or nothing to do with my contractual responsibilities, and since then the workload had increased and therefore needed me to be there full time. But I don't cover the work of the people who have left? I also submitted my FWR in the middle of the reduandancy consultation period so why did they not take into account my FWR when they were getting rid of staff four months ago?

I am quite disollusioned with my company and feel as if they were baiting me to resign my post in the meeting I had with them, which is probably what they were expecting me to do rather than gather up my things and leave calmly, before bursting into tears in the car. Why do women do that?!

Soumds luke grounds to appeal. However, do you have a "catch all" in your job description? "and any other duties deemed appropriate"?

It could be thar due to re-organisation they will be expecting you to do other stuff when you return and they may need you full time to do that.

I am sorry you are going through this.

You said they did not cover your maternity role. How does that work? Were your tasks parcelled out to other colleagues. Were any of those colleagues made redundant. If your role was parcelled out, then presumably some of the tasks performed by the roles made redundant might also come your way. Even on its own, could your role be done part time?

IF your role could be parcelled out in your absence and done parttime on your return, it does not sound good in a redundancy exercise if a company is cutting costs.

Your company might very well be hoping you would resign by not granting your FWR. If so, they are twats of course. Don't resign. Make them pay redundancy instead.

Thanks for the replies.

I have a catch-all of sorts in my JD, something along the lines of any tasks deemed appropriate to fulfil my role (will look up the exact wording). However some of this other stuff is beyond my expertise so why it now falls under my remit I just don't know.

As far as I understand it they are saying my role must be covered on a full time Mon-Fri basis, yet it doesn't seem to be anywhere near this at the moment (due to ill health of line manager and the fact my role is vacant). Also, I did a previous FWR and agreed to work my hours over 4 days a week before I left and there was never any problem with this arrangement, which they are also telling me I cannot do any more. I have a contractual agreement here so I am not sure how they can change it. It also shows that part time cover did work, IMO.

With regards to redundancies, I was not selected for nor did I apply for redundancy. They simply haven't covered my role in my absence, they have expected one person to do two roles whilst I am off which probably explains the ill health. I feel that my role can certainly be done on a part time basis otherwise I wouldn't have made a FWR.

If you have already had a FWR approved that is still in place, and a contractual arrangement for it, the can't change it.

You are entitled to return to the same role, on the same terms, as you left (if you have taken ordinary maternity leave).

They also cannot just change your terms and hours etc, as in any employment (although they can consult, cajole etc).

I will be returning after AML, I know the rules for this but to date there has been no suggestion that I will not be returning to my existing role etc.

I know they're not allowed to change my previous working arrangements in the way they implied in the meeting - i.e. I am to go back Mon-Fri 9-5.30 and they were not willing to discuss it. I am really suprised they seemed not to know this to be honest, or maybe they did know it and were just waiting for me to tell them to stick their job

My firms FWR form states that they will respond within 28days of the request being submitted.

"I am quite disollusioned with my company and feel as if they were baiting me to resign my post in the meeting I had with them, which is probably what they were expecting me to do rather than gather up my things and leave calmly, before bursting into tears in the car. Why do women do that?!"

I did that; I fell for the bait so I can't give you any advice, but you have my sincere sympathy because I have been there and done that, and it is not an experience I would wish upon anyone.

Did the company agree in writing to your 4 day FWR. How long did you work 4 days before you went on maternity leave?

What is this FWR you are now submitting. What changes are you requesting to your 4 day arrangement?

If 4 days was previously granted, it would be a permanent change to your terms of employment. They cannot unilaterally change it after your maternity leave (assuming you were off for not more than a year).

The fact they did not acknowledge your flexible working request etc means they did not follow the procedure. That, coupled with the unilateral change in working hours to FT if they knew that would make it difficult for you to do the job at all, might amount to constructive dismissal.

Yes my previous FWR was agreed, it's all in writing. I worked that arrangement for 6 months before going on ML.

I had asked to go to 3.5 days per week to show willing, although I would have preferred 3 days. I thought they would discuss the implications of any reduction in hours with me in person at the meeting before making a decision as to whether my request could be accomodated or not, which is how I thought the FWR process worked? As I said before there was no discussion, the decision had already been made before I got there. I know it's building up to a constructive dismissal case but I guess I'm just shocked they've opened themselves up to it.

new2cm, I'm really sorry you went through a similar situation. It makes you feel like utter cr*p doesn't it?

Sorry that your employer is dicking you around.

Do they have an HR department? Seems so strange that they would so blatantly open themselves up to a potential tribunal case. I think companies that do this bank on women just coming back from maternity leave having baby brain and no will to fight.

Perhaps you should speak to a lawyer. Are you unionised?

A member of HR was in the meeting I went to, and when I asked them to clarify whether I'd be expected to come back on my previous (contractual) arrangement he shook his head, then nodded when I asked if I would be expected back full time! I have asked them to put this all in writing of course.

I am a member of a union and will be speaking to them first thing on Monday, typically this all happened at the end of last week and everything was shut by the time I'd digested what had been said.