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Refused flexible working, but boss would like me to work part-time, what to do?

11 replies

confusedperson · 01/12/2011 20:37

I am lucky to have quite well paid full time stress free job 9-5 with no need to stay overtime ever. I have 2 children as well. I recently asked for flexible working pattern, i.e. to compressed FT hours over 4.5 days with shorter lunch breaks, but was refused on the basis that it was "inappropriate" (?) and shorter lunch breaks may be not good for my health (?). However, my boss (before me applying for flexi working) suggested whether I would like to go 4 days instead of FT because, on the back note, there is not too much work at the moment. I initially refused saying that I couldn't afford it, but thinking it more it is quite tempting.
I wonder if going 4 or 4.5 days could affect me in a way that I am the first to be made redundant or so? I would be always ready to go FT if needed, but I am afraid if work does get less, I would be the first to be sacked.
What do you think about the situation?

OP posts:
KateMiddIeton · 01/12/2011 23:57

Legally you cannot be penalised for being part time. You must receive equal treatment so I wouldn't worry about that unless you have good reason to suspect your employer would behave like that.

It sounds like reducing your hours would suit you and your employer. Why not discuss it again?

Btw the rejection of your flexible working request doesn't sound in line with legitimate business reasons (unless you were proposing less than 30 min lunch breaks or leaving the office unmanned or similar).

confusedperson · 02/12/2011 09:08

KateMiddIeton thanks! I asked for 30 mins lunch break for 4 weekdays (instead of 1 hour) and then no lunch break on Friday, but only 5 working hours (law requires to have min 20 mins breaks after 6 hours). I guess my employer wanted me to work equally during all days rather then compressing over four days and working short fifth day.

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Grumpla · 02/12/2011 09:15

I'd either stick to ft or go for the four days.

Compressed hours just to get down to 4.5 sounds like hard work for not much. Your childcare costs will probably still be the same as FT (think the half day on Friday is unlikely to end in time for it to be a half day at nursery?) and you'll be spending Friday stressed and starving!

You can't legally be discriminated against for being part time, obviously that doesn't mean it won't happen.

What about agreeing a phased return e.g. a four day week for six months then going up to ft?

confusedperson · 02/12/2011 09:52

Grumpla I am already back to work after 2nd maternity leave. Compressing FT hours by shortening lunch breaks would have given me Friday work until 2pm, which means I would be able to collect my DC1 from school when he starts next year (already planning ahead), and one day less of afterschool club.
I find that asking 4 full days instead of 5 days is not worth, because nursery for four days would cost me the same as full time. At the moment I am considering 4.5 days, only morning hours on Friday, so at least I can collect my child from school one day. 4 days would be too much of cut to my salary, which I cannot afford.

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mollymole · 02/12/2011 10:00

Why is 4 days nursery the same cost as 5 days. With the situation you say about there being a shortage of work at the moment you may find it beneficial, in the long term, to be co-operative with your boss and drop to the 4 day week. If there are cost savings to be made, you have shown yourself to be appreciative of the situation, and if there is a full time job to go, you will be 'cheaper' to keep than a full time colleague so it may work to your benefit in the long term

Grumpla · 02/12/2011 10:25

Not sure why nursery for 5 days will cost same as 4? Or is it that the extra day after school club for DS1 would cost the same as the extra half day in the nursery?

Anyway, if you can't afford to go down to 4 days and your boss doesn't want you to do the 4.5 I guess you will have to stick to FT. Legally they have to "consider" your request, not grant it.

If you suspect that your boss is trying to cut costs though, saying "oh well I will stick to FT unless you can think of another way of it working...?" might help?

Could you offer to do four days in the office and a half day flexibly from home? Then lunch breaks wouldn't be an issue?

Or come on half an hour early on Friday, have a break, but still leave in time for school run?

confusedperson · 02/12/2011 10:56

Oh, I just typed the longest post and then it disappeared!
Regarding nursery fees: one nursery day cost £45 while full week cost £165-185 depending on child?s age. It is not difficult to calculate that £45 x 4 days = £180 ? full week cost.
I do suspect that HR?s decision to refuse my flexible working request could be influenced by my boss. I guess he would prefer me to cut hours rather than compressing FT hours. The reason I am suspecting, it is because he suggested considering cutting 1 day or so just few weeks before my flexi request. Obviously it cannot be expressed openly, so hence ?shorter lunch breaks/no lunch break on Friday may not be beneficial for your wellbeing?.
After hard thinking, I am willing to cooperate and cut my hours to 4.5 days (not compressed), and this is some sort of relief if there is a full time job to go, you will be 'cheaper' to keep than a full time colleague I was actually afraid of opposite, that if there is a job to go, a part-time job would be first to go.
Working from home is absolute no-no due to my company?s policy. Funnily enough, my type of job would be the most perfect candidate for home working?

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flowerytaleofNewYork · 02/12/2011 11:00

"I do suspect that HR?s decision to refuse my flexible working request could be influenced by my boss."

It won't have been HR's decision at all. Your boss will have told them what he wanted to do and they will have advised him whether he could do that and how.

4.5 days sounds like a good compromise. I agree that it sounds as though they haven't provided enough in terms of the right justification/wording in their original request so you could appeal that decision and ask for a stronger business reason to refuse, but on they whole if there's a compromise that suits both parties I'd say that's probably the better way to go.

confusedperson · 02/12/2011 11:04

Can an employer refuse flexible working of shortening lunch breaks from 1h to 0.5 h and earlier finish by 0.5 hour, due to ?health concerns? if exactly the same flexible pattern has been approved for another colleague (different boss)?

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confusedperson · 02/12/2011 11:08

I am talking here if I want to ask for 4.5 days, with 0.5 hour lunch break for 4 days and obviously no lunch break (but just normal morning session) on Friday? I know colleagues that have 0.5 hour lunch break every day and finish 0.5 hour earlier to collect their child.

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KateMiddIeton · 02/12/2011 12:07

If there are colleagues who are allow to do it it seems odd not to allow you to. Do you have a lot of sickness absence or have you been advised to take regular breaks by occupational health or similar?

Did you appeal the flexible working request decision?

Oh, and absolutely agree with Flowery (I am going to get a badge made with that one day!). Line managers make decisions. HR just advise and clean up the mess

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