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Flexible working stress (possibly long)

12 replies

anysuggestions · 08/02/2008 13:45

Forgive me for raising this for what I am sure is the one zillionth time but I am very confused!

Okay, here it is.

Am currently on mat leave and am due to go back in May. I want to go back full-time. In fact I need to go back full-time. My baby will be in a nursery (place already arranged). Due to the time taken to travel to work - a weight of traffic issue combined with the opening hours of the nursery - I'd like to come in 15 mins later, take 15 mins less for lunch and still finish at the same time. Or even take the same amount of time for lunch and 15 finish 15 mins later. My workplace doesn't have flexi-time, so I've been told I cannot do this. I;ve yet to make an official request but wanted some general vibes before I did, if you know what I mean.

Can I really not do this? I did read the flexible working policy and all it says is I can make changes to my hours of work, which I interpret to mean my hours of work, and not just the number of hours I do! It seems that if I want to work full-time I will have to do the same hours, which will probably mean I'll be late for work every day. All I want to do is be on time for work, and there is no pressing reason for me to be there when I start other than my contract. In other words, nothing bad will happen if I'm there 15 mins later and everything that should happen will happen!!

(please don't suggest I find another nursery. The alternatives are even worse. And I have no other options for childcare. DH may be able to do nursery runs but his working hours are irregular so it would male more sense for me to do it as the nursery is on my route to work in any case)

My maternity leave has been marred by worrying about work - my cover, on a 6-month contract, has yet to be appointed, let alone started, and my baby is now 4 months old. It seems that they will bend over backwards to help me return part-time, but this is not what I want.

Anyone?

Thanks

OP posts:
flowerybeanbag · 08/02/2008 13:50

Anysuggestions a request like that certainly 'counts' as a flexible working request, have a look here for more examples. Just because your workplace doesn't operate flexi-time for everyone doesn't necessarily mean they can't accommodate this request from you.

Put the request in. Anticipate any problems they might have and address them in your request, give solutions. To refuse it they have to come up with one of a defined list of business reasons why it isn't possible, I'll find you the link in a sec, and explain why that/those business reason/s apply in your case.

needahand · 08/02/2008 13:50

a starting point and a bump for you.

www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029491?CID=DG_F EB_08&TYPE=sponsoredsearch

If you have been employed for 26 weeks, it is a statutory right i.e you are entitled to make the request regardless as to whether it is in your company's policy

flowerybeanbag · 08/02/2008 13:52

The link's a bit hefty, but here you go -

Business grounds for refusing a request, must be one of the following -

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.

They must use one of those if they refuse it and explain why it applies. So you can see if you can anticipate which of those they could possibly use, and address any potential concerns in that/those area/s, it makes it harder for your employer to refuse.

flowerybeanbag · 08/02/2008 13:53

sorry, needahand your link's not hefty, the one I was going to post with the list of business reasons is!

Tortington · 08/02/2008 13:55

i thought the law stated that yo had to have atleast half an hour for dinner

so if they are making you have an hour

and someone can point outthis law - and i think it has a relation to how many hours youwork.... then i think you have a good case

anysuggestions · 08/02/2008 14:03

Thanks for the link flowery and the info. I'm sure they would use all of the reasons - they're like that!

OP posts:
flowerybeanbag · 08/02/2008 14:04

The Working Time Directive says you must have 20 mins break for every 6 hours worked, but just because legally you can have less than an hour doesn't mean an employer is compelled to let you do that.
But I do think from the sounds of things this is a reasonable request that wouldn't be too difficult to implement.

needahand · 08/02/2008 14:08

It's ok flowery, I suspect my link is probably hefty too..I am not great at that sort of things but she can always cut and past it I suppose.

anysuggestions · 08/02/2008 14:09

custardo - current lunch "hour" is 45 mins, so would still have half an hour. Our full-times weeks are very reasonable.

OP posts:
anysuggestions · 08/02/2008 14:11

needahand - I can indeed cut and paste - thanks for the link!

OP posts:
anysuggestions · 08/02/2008 14:22

Me again!

Just wanted to say thanks - I just phoned ACAS who confirmed that I can make a request, and that "we don't do flexi-time" is not a good enough reason to reject it. Knowing my employer as I do - have been there for over 2 years - they will reject it, but I shall certainly give it a go!

Thanks again

OP posts:
flowerybeanbag · 08/02/2008 14:58

just to emphasise, they must not only give one or more of those specified reasons, but they must explain why that/those reasons applies - ie they can't just list the reasons.

good luck!

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