Anyone got any experience of Employment Tribunal after flexible working request was turned down?

[happynappies]

I have had my flexible working request turned down by my employer even though they obviously can accommodate my request because they offered me the hours I wanted... just on an hourly paid contract with no paid holiday, no job security, no incremental pay spine, no notice period... so my union think I've got a good case. My dealings with my employer through the request, appeal, grievance and now appeal of the grievance have been really stressful and I feel like I'm hitting my head against a brick wall. I don't know whether they are just trying to 'bluff' - I've been without pay since April and they must know how desperate I am, but I can't compromise any further because of my childcare commitments. I've said I'd work all evenings, even Saturdays, but I can't do any other 'daytime' work on top of what I've applied to do. I'm really worried about the prospect of an ET - just wondered if anyone had any experiences to share. How stressful is it? What was the outcome for you? thanks

idont but i know we have some experienced hr people around

Happynappies there are all sorts of things wrong here!

Firstly obviously your employer can accommodate your original request, that is clear.

Secondly, if they are penalising you for changing your hours following a flexible working request by changing your terms and conditions like this that's discrimination. See here about the rights of part-time workers and here about sex discrimination.

Thirdly it is illegal to put someone on an 'hourly contract' and remove all their employment rights. 'Job security', your rights to notice, equal pay, benefits etc are not things an employer can take away whenever they like by calling a contract 'hourly'. See this interactive tool to work out what your basic employment rights are.

It's good you have a union to advise you, do use them. It sounds like your employer may not be currently taking legal advice about this, so i think they are probably bluffing and hoping you will give up through the stress of it all. My guess is if you put in a tribunal claim they will need to take advice and will suddenly back off. So although you are asking for people's experiences of tribunals, I would be astonished if this claim actually made it as far as a tribunal.

Ask your union if they have any contacts with employment lawyers, see if you can find one - they will often give you a free consultation initially and listen to your case and advise you whether you have a good one. You could also visit the CAB who should be able to advise you.

Bringing a claim is stressful, but I think as i say, this is highly unlikely to make it as far as an actual tribunal and I really think it would be worth your while in this case to put in a claim form to show you are serious, this will hopefully resolve the situation and reduce the stress you are under.

Whether you feel happy to work for this employer in the long term is obviously a different question you will need to think about.

be very wary

Have just been down the same route. I do NOT advise you to accept it BUT if they have denied your flex working they don't want you to work there. Think very carefully if you can move jobs (different department / better boss or even different company)

My route was flex working denied. Boss starts bullying, depressed, off work for a month, boss more bullying, forced flex working through with HR who accept request to go half time, more bullying, demoted by boss, pay cut by boss, appeal to HR - get pay reinstated but not grade, more bullying, not given any work to do. Complain to HR, Boss says I'm not doing the work (bear in mind he hasn't given me anything to do) then gives me a poor performance review - well it would be with no work. Put in a Grievance which was denied. Finally got out on redundancy with a solicitors help, got 18 months salary as so many laws broken, but would trade it all to not have had the year I have just had.

You'd be better to cut and run - it's a sign they don't want you there and even though you are in the right it will be less stress to you to find a way of moving.

PS try the working families legal helpline - very good www.workingfamilies.org.uk/asp/family_zone/m_contact_us.asp
Also make sure you have legal insurance beofre embarking on any of this - a Tribuneral isn't worth it unless you have insurance - all you winnings will go in costs as costs aren't claimable at a tribuneral.

Thanks for your replies...

Flowerybeanbag my employer would argue that they cannot accommodate my request - they cannot allow me to work the hours I want to work on my contract because apparently there will be a detrimental impact on quality and performance. If I don't want to return full-time, or on the 0.5 contract they have offered (they have shown some flexibility in their eyes) then I can consider an hourly paid contract. I wouldn't be being put on the hourly paid contract, I'd be choosing it - they'd like me to consider it and decide that that is what I want (if you see what I mean!) as it is my only option.

Freddiesyummymummy I totally take your point and it sounds like you have had an awful time. The frustrating thing about my situation is that my manager is totally behind me returning and indeed wrote a statement to support me which was read at my grievance hearing, actually stating that he thought I could come back on the hours I wanted. My boss, and my immediate team all want me to return. The fly in the ointment is HR. They (in my mind) don't want to set a precedent in allowing me to change my hours as they think it would open the floodgates for others. Although I HATE the management at my work, they are based in another building, and if I could just get back to doing my basic day-to-day job, even if only for a few months, it would give me a bit of breathing space to consider my options. I also know that if I am 'forced out' because I won't compromise I'll have to forfeit my holiday pay because technically they will take it that I resigned last year when I went on mat. leave, and will owe them about £30000 in mat money (not the statutory that they can't take off you, the extra that they made up). In total I'll lose my job/career, and nearly £5000 plus I've had six months of stress already, so I'm fairly committed to going to Employment Tribunal, just worried about what might happen. All I want is to be reinstated, not bothered about compensation. Don't know whether their 'business reasons' will stand up though. Thanks for taking the time to share your views, very much appreciated.