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.

Yes and no. The employee is contracted to undertake a job. If they are unable to, then the company is under little obligation to bend too much to accommodate. How much they bend will depend on the previous work history etc.

In the instance of the OP, a request was made for reduced hours which was refused. If this is immediately followed up with the individual going sick, I think it would be fairly obvious that the employee is trying it on, thus the company is less likely to be flexible.

Had no such request been made, and the employee always met targets, contributed strongly, had an excellent attendance record, then the company is likely to be more flexible.

For the private sector the above is true, however I don't believe employment law differs between public and private sectors, so it will only be differences in contract and will of the company.

It’s incredible easy actually you just finish them saying the business can’t function that level of absence
goes to a tribunal they don’t have to reinstate even it they win
bit of compensation for hurt feelings you can try loss is career but considering OP has asked to reduce her hours that might undermine the process
they tend to make a counter offer to settle out of court with a non disclosure Can drag on for years

occupational health is there to advise they can choose to ignore the advice

please please don’t be fooled into thinking your untouchable with long term sick and the occupational health behind you

it’s never about it the sick genuine it about if the business can function being a man down for down for so long

there often happy to take the hit just to get rid

Not in my experience.

Why would you be able to go on long term sick leave? You're not sick, just cross that your request to reduce your hours has been rejected. It sounds as though there is a business need for you to be there.

Why should the tax payer fund you to stay at home with your child if you are in the public sector and not ill? Why should your colleagues have to pick up your workload in either the public or private sector because you don't want to go to work?

Your management team and colleagues will all be able to see right through this.

Is your job something that you have to do in fixed shifts?
If not and they need you to do full time hours because of workload, would compressed hours be an option? I have team members who work 4x 9.5 hours rather than 5 standard days. Would they accept that as a compromise?

It doesn't really matter what the employer "thinks" about someone going off on long term sick leave after requesting a reduction in hours in the public sector, there would be a process that would have to be followed. They would have to be treated fairly and the same as any other employee signed off by a doctor with either a physical or mental illness.

If they went off with stress, for example, it could be argued that asking to reduce hours and hence reduce pay was a cry for help from an employee struggling to cope with life pressures that was ignored by their employer.

My only other option is to go on long term sick leave

no it’s not. Your other option if you don’t want to do the job you’re employed to do is leave.

why would you go on long term sick leave? You’re not sick. Finding it hard to manage the work load? Yes. Pissed off they turned down your request? Yes. But not sick…

It could be argued that way, but the employer is under no obligation to continue employment of an employee on long term sick.

As I said, I do not believe that employment law is different between public and private sectors. There may be precedence, contract differences, and history of capitulation, but it shouldn't be counted on.

My experience is purely private sector though. In the private sector, there is a process, but it is not difficult, or particularly lengthy.

I've only worked in the public sector but my husband has worked in both and is now a manager in the public sector (NHS). He sometimes speaks wistfully of his private sector days when he has a particularly difficult personnel issue to deal with because he always says it's impossible to sack anyone in the NHS apart from gross misconduct. Certainly a person wouldn't be sacked for going off sick and attending meetings with occupational health to try to find a way to return.

Of course we don't actually know OPs job so that could be relevant

Honestly, I think this is to do with history and weakness of management. The law is no different as far as I know, so it is possible, but it is very likely that the public sector has a history of not doing so which then enables people to point to precedence (I.e. you didn't sack x when this happened so why should you sack me etc.)

I don't mean to sound heartless as there will clearly be people who have justified reasons, however the public sector, especially the NHS, is a business just like any other. It is another contributary cause as to why it is in such a mess if people cannot be justifiably dismissed.

In the case of the OP, it reads to me as though the OP has been denied what the OP wanted, so the response is to go sick. Other jobs are available, why not just leave and work somewhere more amenable?

That is another option for OP to look for another job but maybe she loves this job just can't cope with working full time right now due to other things going on in her life. Up to her to consider all points made on this thread.

Obviously, many wouldn't dream of going off sick even if struggling to cope. Others would.

“My only other option is to go on long term sick leave like so many others in my profession.”

That’s not the only option though is it, why can’t you carry on working whilst looking for another job? How will long term sickness solve anything?

Take it from people who actually know. On a scale of probability I doubt OP would be sacked. NHS have an incredibly lenient sickness policy more than many companies.

Did your boss give a reason why you couldn't drop a day? I would start job looking now before it gets too much.

Are you the teacher who posted yesterday saying you’d ask to go down to 2 days from 3 days school had now amended your part time hours to be part days across 4 days? Sounds very similar

You could go on long term sick leave and then let occupational health make the suggestion that you return on reduced hours

Thats a risky strategy. OH can only make recommendations they can't force management to put them in place.

Going off sick if you are not sick is a dick move but in the public sector you are likely to get away with it

My only other option is to go on long term sick leave like so many others in my profession.

Please don't.

Indeed. My personal view is that, if the job is full time and the OP can't cope with full time, then another job that isn't full time is the way to go.

There isn't, and shouldn't be, any obligation for the employer to do anything. They could choose to, but there is a cost element to doing so that needs to be considered. That cost element individually may, or may not, be significant for the company. If everyone wants the same thing, that cost element becomes huge, and will definitely be significant.

OH would only make recommendations if you are genuinely sick. I see it all the time...employees going off sick when they don't have their requests met.

What would you say to your GP when requesting a sick line? What medical reason?

OH use symptom assessment tools during their consultations, ask what medication and treatments you're having for your condition, and discuss how the condition impacts you on a day to day basis, not just in work.

OH reports are comprised of advice and recommendations...not hard and fast rules which must be adhered to. If they feel that you may satisfy the criteria to be considered under the Equality Act 2010 then that may add a bit of weight. However bear in mind that the advice they give is likely/not likely. That would ultimately be a legal decision.

As others have said, it would be shaky ground to go down the LT sick leave road unless lots of evidence to back it up.

For all those saying you're not sick....if I'm up until 10pm working nearly every night, working at the weekend, and just been given another big project to do with no extra time to do it....it's unsustainable, it is affecting my physical and mental health and ultimately will have to go off sick with stress or exhaustion. I've already been off sick with two illnesses recently because I am so run down.
I don't want to leave altogether as I like many aspects of the job. If I leave it will likely mean a whole career change and a big drop in pay which I can't afford with nursery fees to pay, so going down a day instead is the better option.

@Morph22010 sorry no that's not me!

I am very sorry you feel that going sick is your only option. Are you paid for the extra hours you are working? If not, then another option would be to explain to your line manager that you need some help prioritising as you have 5 things to do but only have time for 4, so which one should you drop? Maybe even which 3 things you should do if it keeps you to your core hours.

If you haven't already had that kind of conversation, you need to as a matter of urgency, and make sure you document the outcome (I.e. a summary email afterwards with bullet points of what was discussed and the outcomes of the points you raised.)

In the event that work is removed, you have had the desired result in a reduction of workload. If it isn't, then you have an audit trail where you have raised your concern which helps defend you in case of any future consequences. In either event drop your hours back to core hours, and either decide for yourself what you won't do, or take the advice of your line manager.

That gives you the ability to continue your job without unnecessary stress, and avoiding the need to go sick.

OP to start with you need to stop working these extra hours and tell your manager that you can no longer sustain all this unpaid overtime and that your workload is not manageable.

It looks like your employer is getting away with not hiring enough people to do the work because they are exploiting your and your colleagues' good will.

Stop the unpaid over time, the work won't get done and management will have to hire new people.

Frankly if I were you I would look for a new job.

Your employer obviously favours poor working practices and does not offer any flexibility. It is not going to get any better.

If you are really feeling the pressure mentally and physically, take some time off and use it to job-hunt.

Your health is more important.