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Anyone else had to resign after flex work refusal?

51 replies

Downandout01 · 24/09/2022 09:38

Just wondering if anyone has ever been in similar position?
My flex work request for part time was refused. I appealed and raised grievance (although not one about being refused but about way the process was incorrectly handled, didn't follow internal policy) to no avail. CEO who heard appeal said they would consider giving me part time if I gave up leadership role and to talk to my line manager. I did and asked if I could relinquish leadership temporarily for a period of time that was mutually agreeable. Line manager said no in meeting- it is give up leadership role permanently and be part time lower level role or return full time from mat leave in leadership role. I explained that this put me in a very difficult position etc.

After a few weeks of soul searching and number crunching I emailed line manager and asked if I did give up leadership role what level of part time could they offer in lower level role.
He replied and said part time in lower level role wasn't an option and I either return full time in leadership role or full time in lower level role.
I responded expressing confusion because this wasn't what was discussed in our f2f meeting previously. He remained adamant that he had never offered option of returning part time in a lower level role.
I am now going to have to resign my job and am praying I can find something else quickly.
Is this constructive dismissal?

For further context a colleague in same role as me, also on mat leave, had her flex request denied too
She was also then offered return part time on lower level role or full time in leadership role. She chose part time lower level role and has just signed new contract.

OP posts:
Aprilx · 24/09/2022 15:10

Turning down a flexible working request is not grounds for constructive dismissal no.

Do you have evidence that they previously offered you a part time lower ranked role? If you do and you are happy to do that perhaps go back to that discussion with your evidence.

user1487194234 · 25/09/2022 05:46

Definitely not constructive dismissal
Position re colleague irrelevant
You have asked,they have said no
You either return or leave

Hearthnhome · 25/09/2022 05:55

Did you have the outcome of the grievance where the CEO said he would consider part time in a different role?

and where the line manager said ‘full time leadership or part time lower level job’

Whataretheodds · 25/09/2022 06:36

Was there only 1 lower level role available and that position filled by your colleague? Not sure whether they have to hold one for you given passage of time, isn't that changing business need?

Sestriere · 25/09/2022 06:39

Couldn’t you and the other colleague have job shared?

2022babyhope · 25/09/2022 06:45

Your company sounds horrible so I think I'd consider looking for a new job anyway if you want part time. However, they're technically within their rights to refuse your request - all they are obligated to do is give you your original hours and salary back when you return.

I'll be requesting to go down to 4 days a week when I go back next year but I'm already preparing myself for them to refuse and working out what I'll do from there.

It worth checking if they'll make you repay any of your maternity if you do decide not to go back - I think I have to go back for 12 working weeks before I'll be able to leave without any financial repercussions.

PatientlyWaiting21 · 25/09/2022 06:54

Does the colleague do the same role or similar? If so it’s classed as discriminatory. Have been here myself!

user1487194234 · 25/09/2022 08:12

Discriminatory?
On what grounds ?

vdbfamily · 25/09/2022 08:57

Was the meeting and decision not minuted, where they offered you part time at lower level?

Twizbe · 25/09/2022 09:02

Your company doesn't sound great that's for sure.

I went back full time after my first maternity leave. It was ok. I did it because we were planning baby 2 and I wanted more maternity pay before becoming a SAHP after.

Will you owe anything back if you don't return?

If I were you, I'd try to take your owed AL to go back part time for a bit. Then look for a new role when you're back. It's hard finding part time roles.

user1487194234 · 25/09/2022 10:42

There no indication of the there being a difference in status between the OP and the colleague

Faultymain5 · 08/10/2022 16:23

It all sounds a bit odd that you need to give up a leadership role to be part time. Sounds like a policy more likely to affect women.

Anniefrenchfry · 08/10/2022 16:30

I’m guessing your colleague got in there first and they can’t have you both part time.

it’s not constructive dismissal it’s not their fault you don’t want to work full time any more.

Anniefrenchfry · 08/10/2022 16:31

Faultymain5 · 08/10/2022 16:23

It all sounds a bit odd that you need to give up a leadership role to be part time. Sounds like a policy more likely to affect women.

Many leadership roles can’t be done part time. It’s fair enough.

Sahgah · 08/10/2022 16:32

This reply has been withdrawn

This message has been withdrawn at the poster's request

MamaNewtNewt · 08/10/2022 16:32

Could you and your colleague who is in the same position job share? This happened at a company where I worked years ago. They needed the TL role to be full time but this way the role was covered.

gogohmm · 08/10/2022 16:35

Leadership roles can't always be made part time. Dp would love to drop to 3 or 4 days a week but currently it's trying to work out if it's feasible because work happens 5 days a week

drpet49 · 08/10/2022 16:41

user1487194234 · 25/09/2022 05:46

Definitely not constructive dismissal
Position re colleague irrelevant
You have asked,they have said no
You either return or leave

This

Crazycrazylady · 08/10/2022 17:30

No I'm afraid it's not constructive dismissal. Your job as it was is still available to you. You wish to alter the hours which they have refused.
I'm afraid it's either return or offer your notice .

PeekabooAtTheZoo · 08/10/2022 17:37

The level of ignorance on this thread is worrying, that CAB link makes your position fairly clear especially as their policy has disadvantaged another female employee with childcare needs as well.

Watapalava · 08/10/2022 17:42

You won’t have any chance with that cab link

business need can be dressed up many ways

resign or return on said hours

Watapalava · 08/10/2022 17:43

Your best bet would have been to go in armed with your colleague and suggest job share with the other post being advertised they’d have had a harder time refusing that as the role would have had full time cover

Faultymain5 · 08/10/2022 18:08

Anniefrenchfry · 08/10/2022 16:31

Many leadership roles can’t be done part time. It’s fair enough.

Maybe, I haven’t come across many. But I work in professional services. I guess it depends on industry. I find they make exceptions when they want to.

lookslikeabombhitit · 08/10/2022 18:29

OP get in touch with pregnant and screwed and flex-appeal for advice. They might be able to point you in the right direction. Bullshit policies like this disproportionately affect women and they absolutely boil my piss. It's taken me 8 years to try and get my career back on track after having my eldest. It shouldn't be this way. X