Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Urgent - help required

43 replies

NikkiBFG · 18/06/2007 20:06

I've had my work options appeak refused and had to take extended parental leave while its all been going on.

I've been told that I either go back to my old role full time or as part of a jobshare. Therefore, I've been frantically looking for someone to jobshare with - no luck so far.

I contacted manager today to ask what would happen if a jobshare hadn't been found by the time the extended parental leave runs out and he basically said three options:

Full time
Resign
Resign and go on a career break

I have contacted my union rep about this as I feel sure that this is wrong (am waiting to hear back now) - they should give me something even if it isn't the role I left so I'm feeling they are on dodgy ground and would so appreciate some advice

Tia

OP posts:
Original poster
NikkiBFG · 18/06/2007 20:17

appeal rather!

OP posts:
LilRedWobblyGut · 18/06/2007 20:19

Have a look here . There's a lot of info re: return to work and flexible work. Also, contact details for ACAS.

RuthT · 18/06/2007 20:23

They need to provide you with a good reason why the role cannot be delivered on a part time basis. There are six reasons, which I'd have to root out.

They should be advertising for the jobshare, so if it is just up to you then this is not right.

Will see if I can dig out the reasons.

Original poster
NikkiBFG · 18/06/2007 20:27

Yes, the advertised for the jobshare - deadline this week. I was asking what would happen if the jobshare wasn't successful...and then got the options I listed.....

Thing is, I've looked at the website that LRWG posted (thanks for that) and it says that if there is a reason other than redundancy which means not reasonably practisable (sp!)for employer to take me back, I am entitled to be offered suitable alternative work - this hasn't happened. All I've been told to do is look at the jobshare and on the internal jobs website and take it from there - surely that isn't right???

OP posts:
RuthT · 18/06/2007 20:32

How big is the company?

Original poster
NikkiBFG · 18/06/2007 20:33

Big!

OP posts:
RuthT · 18/06/2007 20:36

They are duty bound to look for alternatives but that does not mean they have to create a part time role for you. In a big company there is more pressure on them because they should be able to accomodate part time working.

i do know someone who was in sales (top performer) who applied for pt. Was turned down, then appealed and was upheld. Indivdual then advertised for a jobshare and it was successful. They are both the top performing sales people in the UK for thier company now.

On what grounds did they turn you down for pt? How many of you in your dept do your role?

Original poster
NikkiBFG · 18/06/2007 20:39

Everybody is trained to do everyone else's role - part of cross training and to ensure cover when people are sick etc etc. When I went on mat leave, they didn't recruit someone to cover my role....

They turned down the request on the basis that it would be detrimental to customer needs...I appealed it and they upheld that...apparently the projected workloads indicate it is a full time role....

The thing I'm having a prob with, is that they haven't offered me anything alternative other than the jobshare,and now its basically come to the full time or leave stage which I'm really feeling is wrong iyswim?

OP posts:
Original poster
NikkiBFG · 18/06/2007 20:39

They upheld their original decision - not my request

OP posts:
ruddynorah · 18/06/2007 20:40

they only have to offer you something else if your job doesn't exist anymore, ie after restructuring, but not if they have given your job to someone else.

does anyone currently do your job part time? how big is the company?

Original poster
NikkiBFG · 18/06/2007 20:42

Its a big company - UK wide...

My role has been shared out amongst the team as far as I am aware...so no-one is doing it part time or anything like that

OP posts:
ruddynorah · 18/06/2007 20:45

so you are the first person to ask to do this job part time?

can you prove your job could be done on part time hours?

Original poster
NikkiBFG · 18/06/2007 20:46

No...a colleague in my team does compressed hours and has one day off a week....the line manager has one day off every 2nd week...I did raise this and said there is a precedent etc but they said that there are already enough people doing flexible stuff and they can't accomodate anymore as it could cause big mistakes to the business etc as would be a lack of cover after certain times of the day...

OP posts:
Original poster
NikkiBFG · 18/06/2007 20:47

I've tried to demonstrate it could be done on part time hours as the work is already being absorbed into the team, but they aren't having it and apparently, if I don't go back, the will be advertising my role full time etc

OP posts:
ruddynorah · 18/06/2007 20:50

have they advertised the job share externally or just internally?

RuthT · 18/06/2007 20:50

I think it is a bit wierd that they did not cover you and now say that it is a ft role. Surely they can't justify this.

I would also question how they know they cannot accomodate it - what system/math/did they use to come to this conclusion

Also why not a trial

Can you do compressed hours?

Did you ask for 3 or 4 days? If 4 then def they should trial or do compressed.

RuthT · 18/06/2007 20:51

If all else fails then you could raise a grievance stating that you feel they are providing you with no option but to resign esp

chocolatekimmy · 18/06/2007 20:54

Have you suggested a 3 month trial period? During that time you just work your butt off to prove that it can be done.

This would also allow them time to get a jobshare person. Have you contacted agencies to ask them to send details over of potential candidates. If you have some CV's then they would be on sticky ground if they were then refusing to interview or recruit. Get in touch with as many as possible, they would have trouble then changing the refusal to that of a burden of additional costs (wouldn't necessarily wash with a large company anyway).

Keep trying but the other option is then to take it to tribunal and ask for re-instatement on the form so if you win, they have to give you the job back and probably pay you for all the time between leaving and re-instatement.

Don't give up

Original poster
NikkiBFG · 18/06/2007 21:26

Thanks loads for all your advice. They are only advertising the jobshare internally. They ran the first advert for about two weeks and then when I went on parental leave, they didn't run it again so I asked at the appeal, for it to be re-run again, which it has been but only until 21st June which isn't that long really....

I'm asking for two days a week - 9-4.30pm with 30mins for lunch, so effectively a full days work. Their argument is that the projected work loads confirm they need a FT role, all week...thing is, at end of the day, they don't have to accomodate flexible working do they - its a right to request not demand and all that

OP posts:
Judy1234 · 18/06/2007 21:27

God know why people don't want to go back full time anyway. It's better paid, none of this fuss and you avoid all those dull hours cleaning children's bottoms etc.

But if you're really sure you want to subject yourself to the horrors of part time working... then if possible get back to work - being away when you sghould be back and being on extended parental leave might not be as wise as actually being there as once you're there it's harder to be rid of you. Could you go back a few days a week now immediately to start with whilst they fulfil their obligations to advertise the job share? Have they failed to advertise it on time as they should have done? Can you find someone to do it with you which would solve the problem?

Big companies often can accommodate people on fewer hours but not always and it can be lawful to say full time or no job but they have to be very careful to go through all the procedures carefully.

RuthT · 18/06/2007 21:32

I would question why they can't advertise externally.

Also worth challenging yourself about maybe 3 days versus 2 - how flexible can you be?

Aloha · 18/06/2007 21:34

It is NOT your job to find the other half of a jobshare. If your employer has agreed that a jobshare is viable, your employer can no longer insist you work f/t or resign. It is THEIR job to find your jobshare partner, or you can sue them. They are on very dodgy legal ground, I promise you.

Original poster
NikkiBFG · 18/06/2007 21:43

I can only do two days as the nursery only has two days free and I didn't want to compromise the quality of his childcare iyswim? They will have more places in september and I did say that to work so they know I can be flexible and poss increase my days at a later date etc but still no joy

Aloha - so you are saying that even if nothing comes of the jobshare advert that they have run, they still have to find me a jobshare partner - they can't force me to resign? That is effecitvely what is going to happen if nothing comes to light by the end of the extended parental leave

OP posts:
RuthT · 18/06/2007 21:43

I'd check out the really good website www.workingfamilies.co.uk. Apart from providing detail on the process it also give some examples of cases that have been upheld at IT and some that were turned out

Original poster
NikkiBFG · 18/06/2007 21:45

Xenia - I know you are a fan of working full time but I didn't have a child to ferry it out to nursery all day. I don't care about the money. DS didn't ask to be born and its my job as his mum to make sure he feels loved, nurtured, cuddled, wanted and that he knows I'm always there for him and for what it's worth - cleaning his lovely little bottom isn't dull - I'm pleased that by cleaning it I've saved him a nappy rash/discomfort!!!

OP posts:
Swipe left for the next trending thread