Help Please:Flexible Working Request - Refusal likely...

[RainingCatsandDogs]

I am returning to work after maternity leave and currently work 3 days. I want to work a term time contract (which the company - a big one- advertises and offers) and reduce my working day by an hour also taking a reduced lunch.

I have sounded off my manager about this but the decision is made centrally by a manager looking at the hours worked and holiday of everyone in the same job as me.

Historically people in my job have been agreed a term time contract (only very few that I am aware of)but my own manager thought that this is unlikely now.In reality they aren't so worried about retaining.Posts are more easily filled than previously when there was a shortage of my category of job.

My job can be covered by a locum which is what happens in my normal holiday and has happened throughout my maternity and additional parental leave through these upcoming school holidays.

Obviously this involves booking by the central person so is extra hassle and also school holidays are normally oversubscribed.Requests are made for holiday over a year in advance and it can still be difficult to get the weeks you want along the traditional route which involves spreading the cost of locum cover and therefore holidays equally throughout the year.

The cost of the locum should not be greater than me but I think they may refuse on the grounds that I want to be off when alot of others do.

Do I have grounds under the fact that they have covered my maternity leave and the additional parental leave during the school holidays without any problems and this has been through several different locums?

I am hoping reducing my hours should be more straightforward as I always work alongside colleagues so although hours will be reduced there will be someone there to meet customer demand although obviously less actual numbers.Others have finished early in the past.

The whole process feels very impersonal with the yes/no being given by someone who doesn't know me and is really only interested in the figures.I cannot think why they would grant my request.I don't think I will even meet this person (although I have spoken to them by phone for holiday requests previously when I can't say they were amenable to any discussion - pretty jobsworth actually) as the contact seems to be all through my manager even though she doesn't make the decision.

At present my own manager has a member of staff working term time but basically my grade of job is not under his control for holidays/hours etc.

I feel demoralised already and I haven't even started the process.I've done my letter printed from the template on the DTI website and will send it anyway but I am just looking for any advice on anything that would be pertinant to put in it or anything else I should know.

Sorry for the length - getting it all off my chest.

i don't know what advice to give other than to say ACAS have an advice line you could ring if you wnated to check anything.

It does sound like you have a good case though. They would have to come up with a good reason to say no.

They can reasonably refuse on the grounds that they will find it difficult to find someone to cover school holidays as that is the time most people want off. They can also refuse on the grounds that the extra locum cover is more expensive.

They can't refuse on the grounds that they are not bothered about retaining you due to a glut of people out there.

Islandofsofor (or anyone :

Can you think of anything I can put in my request which might help my case as I think they will refuse on grounds of more difficult to cover rather than cost.Could I offer to find additional cover myself? I can't see anthing positive about me being off from their point of view!

Also if term time is turned down I would like to reduce to 1/2 day on a Friday(work 3 days currently).

Can I just put in the application for flexible work I have another option or do I need to be specific?

Will it just look like I want an earlier finish on a Friday which lets face it most people do.Whereas practically my husband can cover this working from home so reducing childcare costs(I have a nanny the other 2 days)

Am feeling stressed about this as I can't think up a good case which benefits them.

My job is dealing with people directly.When I am not there another person in the practice will see people but obviously there is less cover unless a locum is employed which is not practical for 1/2 day (don't really want to drop a full day because of childcare costs).
I am also asking to leave an hour earlier each day but see people at lunch and earlier morning which I can see of some benefit to them.

I feel I'm asking for alot from their point of view

After the weekend I'll see if I have any sample request letters at work. We get sent stuff from our accountants and an employment specialist about what we as employers can and can't do so I'll look it up.

Sorry I'm not in work today.

It sounds like if they allow you they have to allow everyone at that level from what you wrote so they have a lanalyse it from a company-wide perspective or else someone else might say it's not fair they were refused and you were allowed.

(Why anyone would want to spend time at home in school holidays and not get paid I never understand given what hard work children are but obviously I'm not like most parents).

If they think you will otherwise cause them a lot of trouble they might agree anyway to avoid a claim.

Could you offer them a job share and find the other person so that they don't have any hassle or problem at all if you're off as you've done all the donkey work for them?

If you have two options you need to state them out clearly in the one application because if you are refused I think legally you have to wait 12 months before reapplying.. alternative is to bring it up in a an appeal meeting instead (which you are legally entitled to have).

If they have allowed term-time before in your grade and found locums before with no problem then your position is stronger. BUT if their experience when they allowed it before resulted in lots of problems which they can clearlty demonstrate then they will have a case for refusal.

Try not to worry. It IS stressful asking for something which you think is 'extra effort' for them, but from their point of view yours is at the very most a very minor inconvenience to them. try thinking positively and looking at the benefits from their point of view - you are a valued employee and if they give the OK on this they know they will have a motivated and loyal member of staff. These things are hugely important to HR people and WILL form part of the process - especially when you emphasise them in your application

Good luck

They probably have grounds to refuse under the inability to recruit additional staff (would be a pain and expensive to recruit for school hols only) and the loss of service/cover whilst you are not there though as someone pointed out you will have a stronger case if it has been successfully done already.

You are entitled to a meeting within 28 days of applying so you should meet the person who is to make the decision (or appears to be making it!).

I suggest you get the formal application in asap as it can take up to 12 weeks to exhaust the whole procedure (if its a no and you go through appeal etc)