Request to drop hours not accepted

[Blindfaith23]

I've recently asked my employer to drop down a day at work. I've been finding the workload too high and I'm never getting to spend time with my little one. I've just found out they won't let me drop my hours, and instead are increasing my workload even more due to changes in the job and other staff leaving and not being replaced. I'm so upset :( I can't quit completely because it's a job I love in many ways, it's just too much in terms of the hours. Do have a leg to stand on regarding them rejecting my request? My only other option is to go on long term sick leave like so many others in my profession.

You could go on long term sick leave and then let occupational health make the suggestion that you return on reduced hours? It's playing the game which a lot of people would disapprove of but your employer is being a bit short sighted not agreeing to your request if they are already struggling to retain staff.

I guess that having lost staff and reorganised workload they can make a business case not to agree. Unless you can demonstrate that the work would not suffer you would find it tricky to argue.

You can appeal.

What were the business reasons they gave for turning you down?

What case can you make to address their concerns?

You can be dismissed while on long term sick, so that is a dangerous game.

No I don’t think you would have a leg to stand on. Flexible working laws says they have to seriously consider it, but they don’t have to say yes. And staff leaving gives them a reason to say no.
Giving you extra work though, that doesn’t sound right

Did you submit a formal flexible working request? Or just ask?

If you submitted a formal request, what was their official answer?

If the workload is high why would you think they'd be happy for one less day? What was their business response?

Not if you have a doctors note (in the public sector anyway, I'm not 100% sure it's the case for every employer in the private sector).

@DinnaeFashYersel I haven't had the meeting yet to find out their reasons.

It’s incredibly hard to get rid of someone on long term sick leave particularly if you haven’t made reasonable adjustments.

Maybe not, but depending on the sick pay arrangements they would probably stop getting paid after a while!

You can be dismissed if you have a doctors note, even in the public sector. And not everyone qualifies for reasonable adjustments. And it's not a given that if you go off sick you'll be able to return on the terms you want.

Occupational health get involved before the pay stops though. I have a friend who was only working 3 days in the public sector but after being off sick for 6 months occupational health got involved and their recommendation was that she reduced her hours.

Our employer had to agree to her coming back 2 days a week though that was generally not allowed in our department.

You can be dismissed while on long term sick and just because OH recommend less hours, it doesn’t mean the business have to accommodate it. They have to have legitimate reasons not to, which is the same as a flexible working request.

If the business has a legitimate reason to knock back a flexible working request, they could deem OH recommendations as not reasonable. In which case there would be no job. Which is how people are managed out on sickness.

I disagree with both of these comments.

Employers can dismiss people on long term sick leave, regardless of fit note status.

It's not difficult to go through a capability process once someone has exhausted their paid sick leave. Jump through the hoops, tick the right boxes, end the employment.

What constitutes a reasonable adjustment is also subjective and determined on a case by case basis.

You could use your parental leave entitlement if not using already: www.gov.uk/parental-leave/entitlement#:~:text=Parental%20leave%20is%20unpaid.,unless%20the%20employer%20agrees%20otherwise).

What constitutes a reasonable adjustment is also subjective and determined on a case by case basis.

Thats true. Having seen the process from the employers side we’ll have to agree to disagree on the rest.

I've seen this happen twice now in my workplace in the last year.

It is a statement of fact that employers can dismiss people on long term sick leave.

Just because your particular employer didn't or felt they couldn't, doesn't change the overall position.

It’s a fact it’s hard to do.

You're really saying your back up plan is to go off long term sick, even though you're not sick, if you can't get the hours you want? That's really not a great look.

Absolutely possible in the private sector. There is a process, but it is definitely possible.

Indeed. At the end of the day, if an employee is not able to do the work they are paid for, however harsh it seems, they can be dismissed. Most companies will try to be humane, but they are running a business.

Not in the private sector. There is a longer process, but it isn't difficult.

But in the process (definitely in the public sector not sure about every private company of course) the employer would be expected to make reasonable adjustments first to make it possible for the person with the sick note to return to work so a reduction in working hours would be an obvious adjustment.

If the sick employee refused to work with management and occupational health then they could ultimately be sacked but that would be a long process and they would have to be unwilling to cooperate.