Flexible Working Rejected - Legal type advice needed...

[PomsMum]

Can anyone out there help, after having DD1 I returned to work full time, DD2 is now 5 months old and the intention was to return to work 4 days a week. Having put in my request with associated business reason justification etc etc it has been rejected straight away with the usual pathetic reasons. My main query is about following policy - the policy my work has quite clearly states that 'the request will be agreed or a meeting will be held within 28 days of the request being made', and looking at that of the DTI it also says that employers must arrange to meet with employees within 28 days of the request. Obviously no such meeting has been held or suggested. I'm now forced to go down the route of appealing - anyone got any suggestions?

aarrggh. Sorry I haven't been online for a few days: sickly kids. Can't remember when the meeting is now, but if it's not too late, would be happy to talk. I live in Kingston. Or please CAT me and we can exchange phone numbers. If I'm too late, I hope it went well. I definitely thought your original thoughts on how to play the meeting (asking them to explain reasons etc) was spot on.

Had the meeting yesterday, it went OK got lots of apologies for the error in policy/procedure.

Waiting for outcome, but it has been stressed firmly that the job is one that can only be covered 100% of the time, I reckon I might get a 4 day/week trial due to family circumstances but it was stressed that it won't be a trial period to see if it can be done in 4 days/week, but will be reviewed frequently on the expectation that the job will return to 100% asap.

Then I was asked to consider a 3 day/2 day job share - not ideal, and not what I want but maybe a necessary compromise, and maybe one that in 6 months time would be do able for our family in terms of ££.

I'm waiting for an official letter and then will update you.

So a kind of win/lose/maybe??!!

Oh thats really good, it sounds as if they are considering the whole thing much more seriously, fingers crossed for you that they come back with the 4 day trial offer.

On reflection I can see why the Company have emphasised the 5 day week point. As they had screwed up the procedure - unless they stuck to the 5 day week point then there was no conceivable justification for their inital response. So in case it ever became a legal battle -- the records for Weds. meeting have to show that 5 day week is 100% essential.
However I am hopeful that reality is different from back covering -- and that a 4 day week trial is offered.
Pomsmum's Mum ( or Pomsgrally)

Glad it was an exchange anyway, rather than a repeat of the first time. I don't know what you do to know whether the 5 days is necessary thing is true, but an indicator would be what happens at the moment if you are ill/on holiday/at an offsite/on training. Ie if it is always actively covered by someone, then that seems fair enough. However, if what actually happens is that your work (or most of it) just piles up for you until you get back, then I think this is more difficult to defend, as an average person might be not doing their actual job for 35-40 work days per year (eg, 25 days holiday, 1 week off sick, 2 days on a training course and 1 day per quarter at a team meeting).
Anyway, look forward to hearing about next steps and sorry again not to have logged in before you rmeeting.

...so my point is that doing 4 days per week is not that much of a change from doing 5 days, if your work doesn't get covered while you are away.

Hi Guys, OK so the letter is in, I've been 'allowed' a 4 day week for 3 months from my return to work, afterwhich it will be reviewed and my family circumstances at that time (ie husbands depression)will be taken into consideration again on deciding how to move forward. Fair enough I guess.

MC - interesting point, and I can tell you now that there's no way anyone will be covering my work for me whilst I'm away for business reasons or indeed holidays. Right now though I'm just sitting back and going - OK got that one for the next 3 months, lets suck it and see, and see what happens next in the saga.

Who knows maybe the 3/2 split will appeal in 3 months time?!

Thanks for all your support everyone and I'm feeling a lot more positive about the whole thing again now.... Hi Ho Hi Ho its off to work we go, back 1st full week of Jan....

Poms mum, thats great news.

I'm another one in the postion of having 4 days a week accepted with no reduction in workload, but I'm hoping that there was enough slack in there to make it work out.

Perhaps we could start a thread in a few months time to see how its going.

Hiya

I have just seen this thread good to hear that you have got through it all,

I was going to suggest like a few others did you try ACAS they are brilliant. I used them for advice about flexible working as my employers were useless and would not reply to letters, I wasnt even asking to reduce my hours, just work certain nights around my dh,

hope it all goes well for you when you return to work