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Appeal against crappy flexible working decision refused - long sorry

32 replies

tangerinecath · 12/01/2006 12:18

I currently work full time but since July last year, when I returned to work following 8 weeks off with depression, I have been working roughly 50:50 in the office and at home so that I see more of my (now) 18mo dd. I have a long journey to work which meant that I did not see her during her waking hours other to shovel her breakfast down her in the morning and bath her and put her to bed in the evening.
My working pattern is now something like this:
3 days a week - 9.30 to 5.00 in the office and then an hour or so in the evenings after dd has gone to bed
2 days a week - 8.30 to 4.30 working from home.
In October last year I was told that this arrangement had to stop and that I was to return full time to working in the office. I put in a formal application under the Flexible Working Regulations to continue working the pattern above, which was refused because the company has a policy of not allowing home working. I appealed on the grounds that sufficient business reasons for refusal hadn't been given. This morning the appeal was dismissed on the grounds that I do not have the right to work from home.
I have just sent the following email to HR in response:

Further to our meeting earlier this morning, in which my appeal against your decision not to allow me to work from home was dismissed on the grounds that I do not have the right to request to work from home, I would like to draw your attention to the attached link, which will guide you to the DTI's flexible working guidelines. At the bottom of page 8 it clearly states that the right to request flexible working includes the right to request to work from home.
www.dti.gov.uk/er/individual/flexwork-pl520.pdf
I also refer you to the attached link to the Sex Discrimination Act 1975 which states that "A person discriminates against a woman in any circumstances relevant for the purposes of any provision of this Act if-......he applies to her a requirement or condition which he applies or would apply equally to a man but-
(i) which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it, and
(ii) which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and
(iii) which is to her detriment because she cannot comply with it."
www.pfc.org.uk/legal/sda.htm
and to Article 8 of the Human Rights Act 1998 which states that "Everyone has the right to respect for his private and family life, his home and his correspondence." and to Article 14 of the Human Rights Act which states that "The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
www.opsi.gov.uk/acts/acts1998/80042--d.htm#sch1
I have been advised by an expert in Employment Law at the Citizens' Advice Bureau that I may have grounds for a claim of Indirect Sex Discrimination based on the fact that any policy (eg a policy not to allow home working) which prevents a woman from providing adequate childcare for her children, that does not have sound business grounds, can be deemed to be Indirect Sex Discrimination. I still do not understand my working from home two days a week and in the evenings as per my original application would cause the company any undue problems. In the six months that I have been working this pattern it has not caused any problems to either colleagues or customers. It is my opinion that the company has not given adequate reason to refuse the request.
I do understand that it is your view that the provision for me to work from home was only a temporary arrangement to help me through a difficult time, however I was not informed that this was the case when the arrangement was first made. Also, I should probably have mentioned this morning that I am still being treated for depression which is not being helped by this situation.
I would ask that you review your decision in light of the information above. I would prefer to resolve the matter informally which is why I'm emailing you now rather than going via a more formal route, however I am prepared to take this as far as I can to protect what I believe to be my rights. I would be grateful if you could let me have a copy of the company's Greivance Procedure, as I feel that this is the next step that I wish to take if you feel that you are unable to reconsider your decision.
I will consider a reduction in hours as discussed, however as I said in the meeting even a small reduction in hours will cause financial hardship. I will not be changing my daughter's childcare arrangements as suggested as she is happy and settled where she is and I feel that moving her now would cause her uneccessary stress and upset. I emailed you last August regarding Childcare Vouchers (www.faircare.co.uk/index.html), perhaps if the company were to subscribe to this scheme it could help in that my childcare costs might be reduced and I could cut my hours?
I look forward to hearing from you.
Regards

So what do you think? Am I sticking up for myself or am I being unfair to the company with my demands? What would you do? Be honest - I can take it

OP posts:
shellybelly · 18/01/2006 12:21

hiya
do you have a company intranet, if so do they not keep copies of policies and stuff on there, sounds to me like they know they are in the wrong here and are stalling to see if there is anything they can do (DYKWIM)if you are going to call them definitely keep your cool even tho you probably want to give them hell you are/can be strong so you go girl!!!!!

tangerinecath · 18/01/2006 15:12

We do have a company intranet but it's about as much use as a chocolate teapot - the company procedures aren't on it [slightly puzzled emoticon]

Just spoken to the HR dragon though and apparently the Grievance Procedure is in my contract so I will have a look when I get home tonight.

She also said that as far as she's concerned the matter is not yet quite closed as they want me to check my finances and see whether I can cut my hours at all - I can't at the moment and I've told them this before but she wants me to arrange another meeting and confirm this formally.

I have an appt with the CAB tomorrow so I will see what they say. I reckon that they're out of order telling me that I should reduce my hours in order to solve my problem.

Managed not to call her a stupid f'ing cow though, I was perfectly pleasant to her in that cold "you are no better than the shit on my shoe" sort of way

OP posts:
shellybelly · 18/01/2006 15:38

hurray for you tc pat on the back from me, you can come fight my corner anyday

tangerinecath · 18/01/2006 15:54

am scary pitbull woman

grrrrr

OP posts:
shellybelly · 18/01/2006 16:11

lol so funny

blueshoes · 18/01/2006 19:42

Do check your contract for the Grievance Procedure. As far as the blank you got regarding your request for a record of communications, there is nothing to stop you writing to the company to confirm what they told you.

Whether or not you decide to take this further, you can strengthen your case by keeping copies of all emails, notes of meetings, the time, who said what etc. A tribunal will be more inclined to believe you if you can show you are meticulous in keeping evidence.

tangerinecath · 03/02/2006 14:43

Well unfortunately, following a visit to a solicitor, the whole Flexible Working process and everything that was to follow has ground to a halt... it would cost more than it would be worth to pursue it properly. I could go to tribunal but my employers are the type to make life difficult if I do.

So I've admitted defeat and backed down.

In all honesty all I feel is relief. I thought I would feel disappointed but I don't at all.

I have sent my CV to anyone locally who may be happy to employ me and have already been asked for an interview next week.

In the meantime, I'm not exactly breaking my back to do my job to my full ability, I'm just doing enough to make sure I don't get sacked

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