Bad Employer!!! Please help!

[Varanasi]

Hi,

I am new to mumsnet and mother to a 6 month old boy. I am having serious problems negotiating a return to work at the moment. . I have just had my application to work part time summarily dismissed (bog standard explantations of just one line each).

The problem is that I work for a small consultancy firm with a team of men (there have been women in the past). A recent restructure also means that without any notice I can now be asked to go up North (Leeds, Scotland) for weeks on end...
This sadly does not really fit with me being a mother. But I cannot afford not to work - not a great situation to be in!

All I have asked my employer is to consider employing me on a 4 day week basis. I also agreed to do some 5 day weeks and also that this part time pattern be subject to a trial period. If that isn't amenable enough I have also agreed to take on new roles (office based work, training, support etc) for times when there isn't enough consultant jobs to cover my work pattern...

My boss (who is technical director) responded by asking me to write him a projects proposal document with ideas I could be working on and that he'd present the ideas to the 'Board'. When I asked him if he had any of his own suggestions he refused to comment! Anyway no feedback (despite requested) was given and a week later I get a rather blunt letter stating that my request has been refused. Its pretty clear that my time was wasted being made to write a document on possible projects since my boss is now claiming there is no work for me to do other than consultancy! He hasn't even bothered to explain why.

I am losing sleep over this issue. I can understand that as a mum you don't have the right to work flexibly but I didn't expect the door shut in my face the way it has been, I also suspect my employer is not being honest with me.

Any advice on this much appreciated..

You don't have the right to demand to work flexibly, you only have the right to ask, which makes the law a great bit pile of toothless bollocks but there you go. Employers are not allowed to just say they don't feel like it they have to give business reasons, did they? Mind you, I'm not sure whether the law allows you to do anything if they don't so . Hope someone with HR expertise comes along soon. Is there an appeal policy? If so, use it. What are HR dept? Can you ask them to provide you with the stated policies on this? Is there anyone else working this way as a precedent?

Otherwise in your position I think I'd go back, look for another job, having researched employers who have family friendly policies and apply for flexible working elsewhere.

It's crap isn't it, sympathies.

Agree with WWW. Push them to give clear reasons why they've refused - they can't just say 'no' without justification. But having said that, if they want someone working a 5 day week and they're really anti the idea of reducing that, then they'll find reasons for turning you down, so maybe simpler in the long run to find another job. Maybe your boss was worried about finding someone else who's prepared to work one day a week to make up for your reduction? I've noticed among colleagues of mine that the '4 day week' seems to be very popular at the moment, but the reality is that a 3 day/2 day or 2 and a half days equal split is probably easier for recruiting purposes. Good luck anyway.

Thanks for this. Business reasons were just "costs too much" and "not enough work". That's it - nothing to back up the claims at all. I personally don't think these reasons are valid either - they just can't be bothered to make a change to my role. I am now a pain to them. They are hoping I'll just decide not to return but that is not option for me unless I find suitable work in a few months. I will go back and if I have to go back 5 days knowing that they don't want me there then I will not make life so easy for them... I would take advantage of right to unpaid leave, sicks days, refuse to travel etc .... there would be no motivation for me at all...

I want to sort this out amicably though.
There is an appeals process and I will definitely use it. I think you can fight these cases legally (I checked this out)though obviously outcome depends on the individual case.

"not enough work" definitely sounds like a dodgy reason, given that they don't want you to reduce your hours!

Really, in your position I'd put my energy into finding another job, not fighting the tossers in your current one.

And as we all know, the law has no teeth anyway so huge waste of time and effort to challenge it. Now, if a bloke was doing the hours you wanted and they wouldn't allow you then I'd say go ahead, sue for sex discrimination nut I doubt that's the case.

It sounds as though your proposal is very reasonable, you have given lots of support to it, offered compromises and a trial period. They have not given you enough reason to deny it. There is a list of acceptable reasons as follows-

Burden of additional costs.
Detrimental effect on ability to meet customer demand.
Inability to reorganise work among existing staff.
Inability to recruit additional staff.
Detrimental impact on quality.
Detrimental impact on performance.
Insufficiency of work during the periods the employee proposes to work.
Planned structural changes

As well as naming one or more of those listed reasons, the employer must explain in factual terms why that reason applies.

I think an appeal is certainly justified, and I think if you push hard enough and make enough fuss, you could well get this request forced through. It would involve going through the appeals process, here is the detailed description of the procedure that must be used. POinting out all those places where they have not followed the procedure is important, and easier than just arguing the subjective validity of your claim. Have a read through that link, and frame your appeal using it.

If it gets refused again you will probably have to then put in a grievance, and take it down that road. If allowing you to do this at least on a trial basis would be less trouble than going through all that, your employer may well give in somewhere along the line.

But the question is do you want to do that? It sounds to me as though this probably is not the job for you anymore, in your changed personal circumstances.

I would put in a good, well-structured appeal, make yourself a bit of a pest, and consider starting to look for something else as well. It can't hurt, and if you get this sorted where you are, and are happy with it, all well and good, but if it doesn't work out or you decide it really isn't for you long term, at least you'll have started the search.

Thanks for the link on the appeals process. I will look at that link - I am appealing so I want to check I am doing the right things.

I am definitely looking for a new job whatever happens but its a fact of life that it may take me a while to find something and due to financial reasons I may have to go back to my old employer. My boss is being an a*hole as so far everything he has done suggests he wants me just to resign but he is being sneaky about it! Before Christmas I took my baby in to see him and he talked about the possibiltiy of me going part time in an informal meeting and said some stuff about how he would make an effort to get me to be able to contribute. However he has made so little effort its actually laughable and to be honest really insulting (I personally find its a bit nasty of him to fool me into thinking they might let me go parttime and then say no the way he has). I can see now that all he has actually done is copy 3 of the reasons from the legal website and said nothing else.

We'll see... Look for a new job is a definite but I am keen to fight this decision hard as I want to show my boss that I am not just going to lie down and resign because he wants me to. I am going to my local CAB tomorrow to discuss this so I will see what they say too.

Do read the whole link carefully, I know it's long. Make sure you make a note of everything your employer has/hasn't done according to the required procedure for handling flexible working requests.

I would appeal on 2 grounds, 1) that the rejection of the request was unreasonable and 2) that the correct procedure was not followed.

Then do section 1 - explain why the rejection was unreasonable, explain how it would work, benefit the business etc etc

Then section 2 - explain which of the aspects of the required procedure were not followed, therefore your request was not considered fairly.

Any procedural stuff is brilliant because it's usually factual and impossible for them to contest. Adds weight to any appeal.

Thanks flowerybeanbag,

I have done just that. I have mentioned each time my boss has made a procedural mistake or contradicted himself and put dates in. The onus is then on the employer to contest all of this. I have been careful not to criticise anything at all in my appeal and instead just argue my points and note down what I think are the relevent facts. I also have avoided referring to my employer personally.

We'll have to see how the employer reacts to this appeal. I am hoping that once my employer realises that I am aware of my rights (ie that they do at least have to try to make it look as if they are accommodating my request) this can be sorted out amicably.