Flexible working refused? What action can I take?

[Jo2909]

Hi just looking for some advice if anyone else has been in the same situation.
I am currently on maternity leave and am due to go back in April, I went for my back to work meeting last week after I had sent a
Request for flexible working hours. They basically said that if I can't work 35-40 hours then I cant work at all, I feel the decision was not took seriously as it is only reception work and it would have 2 part time
Posts or have a job share they just simply dont want too. Maybe they are within their rights I'm not sure but I just feel as if they haven't wanted me back since they found out I was pregnant and I have worked there for 4 years. Any advice would be appreciated, thank you.

You can appeal the decision as a first step?

What hours were you looking for and what reasons did they give for not agreeing a job share?

I asked for 16-24 hours and they didn't give a reason just said they think it's a job for one person as there would be too many handovers in the week if I was to job share!?

Are there any other employees there who have flexible working arrangements and are you in a union?

Sadly flexible working requests are only a request and it is all too easy for companies to come with a "business" reason (justified or otherwise) of why they feel it would not work. As I first step I would ask for their rationale of exactly why it would not work.

Then look to pick apart their argument in an appeal.

I'd also look at what's called PCP - Performance, criteria, practice. It sounds like your employer is suggesting your job can only be done by one person working full time. If that's the case, you may be able to make the argument that their PCP - of one FT employee could be discriminatory to a parent, especially a woman, as women are typically the main childcare providers. There's been a mixture of cases (lost and won) on this point at tribunal.

FWR is only a request, but an employer must make a robust argument as to why it won't work for their business. What've they've responded with so far, sounds pretty flimsy. Agree with 1day get a full and detailed rationale and then counter it. for example... handover takes too long - solution detailed handover template/ticksheet for daily use, message book/email updates. or too many handovers... solution - there will be only one, as you'll work a block of days and the other post holder will work the other block.

If you need advice, please phone Working Families, who are excellent at helping parents to deal with these kinds of issues.

Thank you very much for your help