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Flexible working legal/hr advice please

9 replies

Lovepjs · 14/06/2012 20:12

Hi my flexible working request was refused. I rang ACAS for advice and they said the employer should have informed me of appeal process in the refusal letter.

I decided not to appeal as I know if they don't want me there they will make life very difficult. So I resigned. I put in resignation letter I'm very disappointed you didn't follow procedure by not telling me I can appeal.

I have had a very rude letter today saying not to come back to work notice after mat leave(was due back for a week), and to make an apptment to collect my things.

I then received a second email saying they didn't tell me about right to appeal as they had sent me policy with application form and the fact I mentioned appeal in my letter shows I know there was an appeal process (I only found out from ACAS have no idea where I put policy).

Because they have been so arsey with me I'm wondering if I can seek a tribunal compensation for them not following procedure by not mentioning appeal in letter.

Sorry it's long but any advice appreciated.

OP posts:
hairytale · 14/06/2012 22:02

Not sure what advice you're after if you're not going to appeal?

Im assuming they will pay you in lieu of notice.

hairytale · 14/06/2012 22:04

If they provided you with policy but you did not follow it I would doubt you'd have anything to gain from a tribunal. What would you be seeking? Your full time role back?

ginmakesitallok · 14/06/2012 22:06

I think that by not appealing when you knew about your right to appeal you basically lost your right to any compensation. If they had already told you about your right to appeal (in previous correspondence) I dont know if they have to tell you again.

hairytale · 14/06/2012 22:07

Sorry for multiple posts. How have they been start with you?

hairytale · 14/06/2012 22:07

Arsey, not start.

Jinsei · 14/06/2012 22:14

They sent you a copy of the policy. I don't think they can be blamed for the fact that you didn't read it. Yes, it would have been good practice for them to have reminded you about the appeals procedure when they wrote to decline your flexible working request, but they had already informed you of this previously. If you have lost the policy, that's your fault!

And perhaps they were arsey with you because you were arsey with them in the resignation letter?

flowery · 14/06/2012 22:32

Compensation for what? What financial losses did you incur as a result of the appeal not being specifically mentioned in the letter?

Lovepjs · 15/06/2012 03:30

Thanks for advice. I think I was wondering if there was a "penalty" as such for them not following the procedure in terms of the letter which refused my application.

Great advice I will take a chill pill and get over it thanks.

OP posts:
hairytale · 15/06/2012 11:51

No, there isn't.

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