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Original poster

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

71 replies

Coriander73 · 26/03/2007 22:01

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...

OP posts:

chocolatekimmy · 26/04/2007 14:34

There has to be a fundamental breach of trust and/or confidence to bring a claim for constructive dismissal. you have to have been treated so badly that the relationship between you and your employer is untenable.

I know it has been crap the way they have dealt with you but I don't think you would be able to bring a claim successfully to win. Saying that, get professional advice, see if your home contents insurance offers legal expenses.

Original poster

Coriander73 · 26/04/2007 14:41

That's what the first lawyers told me - that it would be hard to prove if we got to tribunal as technically they have given me a business reason etc -although I don't agree with (hence the appeal).....it's crap I know & I'm so a feisty character when I have to be...I have given it my best shot, really I have & just feel incredible sad at how it's ending....8 years - maybe not taht long comapred to a lot of people but if I totted up the long hours, travel, weekends, always giving 110% etc etc...GGRRRRRRR

OP posts:

stressed2007 · 26/04/2007 15:16

whay was the business reason? have n't they just copied one of the prescribed list but nit ecplained it? I don't think this then equates to a valid business reason. What did the solicitor you saw have to say about that point?

Please try and speak to "working families" - they really are very good.

stressed2007 · 26/04/2007 15:20

just in case it got missed there was a great suggestion about getting legal help via a legal expenses cover on house insurnace. Do look to see if you hae a such a thing and if it covers employment issues - many do. Someone I know used this when her boss fired her when she became ill and she ended up settling for a years salary before they got to tribunal.

Maybe your employer woud settle too rather then get their reputation sullied.

Original poster

Coriander73 · 30/04/2007 10:14

I'm sitting at my desk (I have to give 3 months notice so am here until July) & just re-read my original letter, their rejection, my appeal letter & then their rejection. I've looked closely again & again at the appeal rejection & I don't believe that they have addressed entirely all the issues I documented. One of the suggestions I made was to job share & yet they haven't even addressed that in the appeal. I have resigned, so there is no going back but I'm starting to feel angry & wonder what I should do now....is it worth going to seek another opinion from a second lot of lawyers? DH thinks I should let is go now but I'm not so sure.

OP posts:

FiveFingeredFiend · 30/04/2007 10:18

You could send them a mail to the effect of " YO motherf**ers, I iz gonna pop a cap in your ass. You iz disrespectin' my busness"

Original poster

Coriander73 · 30/04/2007 10:28

QUE?!

OP posts:

FiveFingeredFiend · 30/04/2007 10:49

was meant to bring a tad lighthearted humour into your day, with a reference to gangster culture. The juxtaposition of gangster culture whilst in the office.

Have a nice day

stressed2007 · 30/04/2007 19:45

please please please call working families - bugger to get through on on the phone but very helpful. go and get a second opinion - telephone round and see who will give you the initial consultation with their thoughts for no charge - I am sure there will be some. you could try the CAB office first - I am sure they will have a list of solicitors that specialise in particular topics and which ones don't charge for the first interview.

did you speak to your helpline?

have you checked your house/buildings insurance to see if you have legal expenses insurance as they will probably cover this sort of cost.

Original poster

Coriander73 · 05/06/2007 12:41

following on from this issue I have just found out that a very good friend of mine who also happens to be a work colleague has just been granted a 3 day working week when she returns from maternity leave in July.... I have a meeting with the senior HR guy at 2pm but my question is can I try & call their bluff by saying I've seeked legal advice etc when obviously I haven't (although will do dependant on the outcome of meeting)....yours mega mega pissed off....

OP posts:

BetsyBoop · 05/06/2007 15:32

if they have allowed someone else in a similar role to go part time, they have set a precedent, making it very hard for them to refuse you, unless they can show clear reasons why your case is substantially different.

I hope your meeting goes well - it's too late now, but I would have told them I was seeking legal advice too.

NikkiBFG · 05/06/2007 15:36

I would def bring up the fact that she is allowed to go back part time - they have to be consistent with the rules! Let me know how you get on

My work have denied my flexible work options request as well....am in process of appealing....not looking forward to it at all!

HappyMummyOfOne · 05/06/2007 19:42

Its wrong if she does exactly the same job as you, you would then have far better grounds to appeal. However if the job is not the same, then they can grant the flexible hours to her without fear of setting a precedence.

NikkiBFG · 05/06/2007 20:25

Coriander - how did it go?

Original poster

Coriander73 · 06/06/2007 10:25

Well, they basically said that what they know now they didn't two months ago when I applied for flexible working! We're in the process of a PMI process with work (post merger intergration) & they said that certain conditions have come to light which makes it easier for them to offer my colleague part time work. I said that it was discrimination because I could be offered the same now based on that we do exactly the same role but for different European markets. - (even though I have resigned) - they said they didn't see a solution.....& were sorry..
As I am in the middle of my 3 months notice period (have 6 weeks left) I said that I want to go on gardening leave for the remainder with immediate effect. DH & I are still unsure (even if they agree to that, which would help in the short term, i.e not paying extortionate nursery fees for the next 6 weeks) whether we should still seek futher legal advice....feel very worn down by it all & angry...but is anything to be gained by approaching employment lawyers to see whether I have case for constructive dismissal? I don't want my reputation sullied but why should they get away with this? It's all the more incredible given the company I work for..........

OP posts:

NikkiBFG · 06/06/2007 19:26

Getting curious about who you work for now actually! Nosey emoticon!!!

I think it can't hurt to seek a legal opinion and if they say well, no case then you can say ok, I tried all avenues or if they think you have a case...take it from there? You have nothing to lose...fwiw I'll certainly go for constructive dismissal if my lot say no to me - what have I got to lose!

Original poster

Coriander73 · 07/06/2007 08:50

A very well known leading baby company....!

OP posts:

NikkiBFG · 07/06/2007 15:16

Ahhh.....blimey!!! You would think they would be more pro working mums wouldn't you!!! Dear God!!!

Have you decided what to do?

Original poster

Coriander73 · 07/06/2007 18:09

I know..just incredible really

Well, as from tm I'm on gardening leave so I will cogitate for a couple of days & go from there. Why does becoming a Mother spell, in the overwhelming majority of cases, the end of your career??! It really pisses me off...

OP posts:

svsa81 · 10/06/2017 18:28

Hello. I need ASAP help to write an apeal letter. My employer gave me 5 days to it. I worked for a company for 7 years permanently full time. Now on maternity leave. Have to go back to work after 1 month. I asked the employer to change the shift and work part time, because I am alone mum with a 7 months old baby. They refused it . They wrote me just generally reasons why they said NO. Them didn't take my situation seriously. I don't know what to do and how to to write a letter. Please help!

MagentaRocks · 10/06/2017 18:32

Zombie thread.

Start your own thread. This one is 10 years old and people if they don't notice the date will reply to the op not you

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