Urgent help needed with writing an appeal letter after flexible application was rejected :(

[Coriander73]

Help needed!! Could anyone be so kind as to give me some input as to how I'd go about drafting a letter appealing against company decision to reject my application for flexible working?? Yours...very deflated...

What reasons were given? Because they are supposed to be 'business reasons' and you need to demolish their argument imo. If it's do able.

If you can post your request, and their response, I'll look over it for you.

I quote:

Have a detrimental effect on the Company's ability to meet its customers demands

create unacceptable difficulties for the Company as we would be unable to recruit additonal staff and

create unacceptable difficulties for the Company as we are unable to make arrangements to reorganise the work amongst other staff

My gripe is why cannot they recruit more staff? I had asked them to consider a job share & /or redistribution of my role. We do not have an employment freeze on & they have (which can be proven) been recruiting for the past 6 months whilst I've been on m/l. I also do not agree that we wouldn't meet our customer's demands etc. They also mention in the letter to me that they tried unsucessfully to recruit someone whilst I was on leave but that's untrue - my line manager told me that she had decided not to go ahead with finding someone as by the time she did & trained them I'd be back etc..so I cannot understand that either..

They have to say why though, not just that it cant/wont be possible.

What is it you do in your job, that will make it impossible for the company to not meet customer needs?

Why cant the work be re-allocated?

etc etc etc.

Without more detail, I cant give specifics. But, check out the EOC website, and the DTI website. Both are very very good.

Coriander - can you go to union about this for help with appeal?

I'm in a similar situation myself. Manager e-mailed me asking if I had any thoughts about returning to work and I said what role can I expect to return to, oh I can't tell you that unless you tell me what hours you want, so I got the nursery sorted etc and then sent an informal e-mail regarding the hours I would be looking for and got a flat no!!

Totally against procedure....they are now backtracking and asking me to go the formal route ie work options form etc but I'm fully expecting them to say no so am getting union involved now and looking for other jobs in case!!

Crap how we get treated!

I don't belong to a union..don't know if we actually have one at work . We've just been taken over by a big multinational company who, as I understand it, have a much better attitude to flexible working. I work in export sales so part of my job does involve travel but I really don't think it's that impossible to consider a job share or split my role in half. As I mentioned, in the letter they say about not being able to recruit etc which put pressure on my line manager who inturn didn't manage to finalise end of year business plans (due to added work etc) therefore not meeting customer needs etc. The point is that they chose not to recruit!! I told my l/m that I thought she was crazy, that any help would be welcome as to take it all on would be hard. They don't see how my job, as it currently stands, would be done on a job share basis - that it would have potential impact on customer service etc having two people on the role...but they don't say how they really think this will impact, just it will....it's all full of negatives.

I did go & see an employment lawyer this morning. She can't really do much until she has read all the necessary documentation etc but did advise, as I'd already thought anyhow, to appeal in the meantime. My question is where do I start? Do I have to make my grievences one by one?? I'm just unsure of what language to use iyswim?

I've just had a look at my company policy...its prob not same as yours but a good starting point re appeals. Says need to be made within 14 days and at a higher level than management that declined request in first place.....IMO the best way to do it would be to state that you are appealing the decision given and then give a reason why you think it was incorrect next to each reason given it i.e manager could have recruited etc...also, it seems to me is if they haven't really gone into what impact it would have - just seems to be bog standards 'detrimental effect on customer requirements' which is what I got as well!!

Why not type it out and post on here and we can read it through and give you 2nd opinion if that would help?

Niks

So, am I right in thinking that I need to counter attack their points made in the letter? Stating each one & why etc? Sorry to sound so dumb but I'm just so angry about it all that I'm not thinking straight. On top of all this, I was also informed today that a senior colleague of mine has been asked to "keep tabs" on me when I return - which is next Monday. I cannot believe that they would be so rude...I've been there for 7 years & they think I need spying on??

Keep tabs on you?!! wtf?? You are supposed to have an induction and be eased back into gently - not just chucked in at deep end and watched big bruv style!!

For your appeal letter, I would state each reason they have given, then counteract it with why you think it was wrong. One thing I found really helpful is to write or type out EVERYTHING and then go back to it and each time, you can prune it, change bits etc and then you will have a stonking great appeal letter! I wrote two pages to my boss, rant style and in the end, sent three or four very short to the point lines - am keeping the ace up my sleeve - ie bringing the union rep to the meeting - doesn't say anywhere I have to tell them who I'm bringing.....

Thank you very much..

Thanks again.....am busy tring to get thoughts on paper.....but it's nearly 11.30pm & I'm wilting!!!! Will aim to get a draft done tm & perhaps post to gain feedback?

They haven't specified the the actual reasons. Your company have specified the rules set out generally.

They need to say that A leaving at x time will reflect on z who is having a teabreak IIRC.

You could appeal using this very fact. By yourself. You might not be very popular, but I would say that you might not win the flexible working appeal, but if you were to leave because of this, then constructive dismissal springs to mind.

I am not a lawyer just a union rep.

yes, I keep on re-reading the letter & they go on & on about potential impact on customer needs & quality of response that a job share may have on our customers if shared between two people...but they don't ever say how & or why. How will it have a detrimental effect on customers needs??

A cousin of mine shares a business with her DH & she keeps on saying constructive dismissal all the time! She truely believes they are on a sticky wicket but maybe I just have to wait to see what the employment lawyer says from this morning? Not that I wont appeal...I will get this draft going.....

thy are being awkward. Don't take it, my first response would be to write a letter saying that, yes you are following guidelines, but can you be more specific about your business case ie; if x is working, then y is having a teabreak, so you need me Z. And add that you are not terribly sure whether your firm are applying the rule as they haven't given you specifics as per the governments guidelines. You would obviously need to look up the flex working guidlines and apply them to the rule.

If you need help writing the letter, please feel free to cat me as I hate this sort of thing.

The thing that gets me is that I was too scared last time around. My DD is now 2 & half & I went back FT. This time (I hate to say it) I'm older & wiser & know that I have to fight it, regardless of the outcome (my DS is now 28 weeks). My boss said to me when I'd had DD to & I quote "don't ask for it as you wont get it". Stupidly I panicked & didn't go through the legal channels...am much more determined this time.

NurseyJo, no, they didn't. Just company headed paper. I assume this is incorrect then?

I'll resume tm (DS is teeting so may have a restless night..oh what joy!).....thank you all so much for you support & constructive comments etc...

This thread is very useful to me also! Boss denied my request just on the basis of an informal e-mail....have to go through the formal route now but I suspect they are already gearing themselves up to say no! One new mum in my place has been denied flexible working - has to start at 9, leave 5pm and take the full hour for lunch....what is point of company offering flexible working and boffing on about respecting the work life balance if they are going to keep saying no to mums?! If I left at 5pm, I wouldn't get to the nursery until at least 6pm - that's no good for my little one as he needs to be home and unwinding for bed by that time. Am already looking for another job - would rather leave and find a new role that suits DS than do a job that compromises my time with him!