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Requested reduction in hours - refused, person on same grade then allowed to reduce hers

9 replies

Twinkle21 · 08/05/2008 20:29

Help! This is my first time posting and I'm sorry that I come straight in with a problem ( a very long one at that), but.....

I am a PA and work for the boss. Before returning from maternity leave last July, I requested to reduce my hours to 4 days per week. I was persuaded not to do this in writing, but to do it informally through the Head of HR and my request was refused saying that the role could only be undertaken full time. I know this was daft, but I had been away from work for a year at this point and had serious baby brain! I went back to work full time in July 2007 and have struggled with managing a home, a child (DD is nearly 2) and work. It came to a head at Easter and I had 2 weeks off sick through total exhaustion. My GP said I had to request reduced hours again, which I did and my boss said she would see if it could be accommodated. This time I did put it in writing. I have heard nothing since, but they did employ a temp for 2 days a week to help me out for 6 weeks (this comes to an end week after next).

This afternoon an email arrived from HR to me and my fellow PA's informing us that a colleague who has just been appointed to a new role (same grade as me, same job description) and has negotiated to work 40 weeks per year and offering us all the opportunity to apply for the job if we wish. The PA in question has been working at my place of work for 22 years and applied for this job understanding that it was a full time role. The new role is working for her existing boss who has already interviewed her for the new role and appointed her to it. We are all very cross, me especially as I was told that these roles could ONLY be done full time. I know I could apply for the job, but in reality there is no hope of anyone else being appointed.

There are lots of other things that have happened with other members of staff reducing their hours which I won't bore you with.

Where do I stand with my request for reduction in hours. Surely, having set a precedent, they have to agree? I am just so cross and feel like telling them to stick their job and walking out (I won't but I wish I could!)

OP posts:
LaComtesse · 08/05/2008 20:32

Someone with more knowledge than me will come along shortly... but I think they are entitled to consider the needs of the business over any changes to contracted t & cs of employment. I'm not sure where this leaves you though as one person seems to have got what you wanted (actually, more).

TheBigClog · 08/05/2008 20:33

it's reasonable-ness - if they have a case that it would affect their business, then, unfortunately, you may not have a case, I think it's about the particular role, not the grade. I think you can appeal a refusal though - google it/check dwp website, all sorts of advice and downloadable info on there. Maybe you could raise health grounds too though and discuss with HR? Good luck.

juneybean · 08/05/2008 20:36

www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10037051

This shows the statutory application process for flexible working. This might help?

Twinkle21 · 09/05/2008 07:15

Thanks for your answers. I've been sleeping on it (well, tossing and turning on it!) and I think that I will speak to HR, not that I have a huge amount of faith in the advice I will be given, and try again to reduce my hours. Wish me luck!

OP posts:
fym · 09/05/2008 07:29

Having been through this myself (in detail unfortunately ) there is actually no role that you cannot do part time. The only one that was declined at tribunal was a case of a senior midwife who wanted to work half days which was rejected on the grounds that continuing care was needed (so 2 days a week would have been ok but 4 half days wouldn't be)

They can't decline flexible working on the grounds that you report to a director (there is a test case where this has been upheld at tribunal)

Be very careful though and be aware you may have to take this complaint all the way to tribunal which may cost a lot. I'd get your facts straight and present to HR... then see where it goes

flowerybeanbag · 09/05/2008 10:12

It's not correct that there is no role you can't do part time. But a business has to come up with a decent business reason why it is not possible, and must go through the statutory process to do so.

Your best bet is to put in a really good case. The fact that someone else is doing it is obviously helpful to your case as well.

Working families is a good website, they have an online guide to flexible working and some good factsheets to help you make your case. Focus on how your request will benefit the business, (not just how it's more convenient for you), anticipate any concerns they might have and propose practical solutions to them.

Make sure your employer follows the procedure exactly as they should, if you need to appeal their decision and they didn't follow the procedure that will help your appeal.

Twinkle21 · 09/05/2008 20:28

Thanks for your advice Flowerybeanbag, I will give it another go, but I don't hold out much luck. I have a feeling that until I find another (more child friendly) job, I'm stuck - until we win the lottery that is! Thanks once again.

OP posts:
nearlybonkers · 09/05/2008 21:51

Put yourself and the family first. If you will lose the roof over your head by losing the job then keep fighting, otherwise look at other options. Bosses always win and, although it is wrong, women have been giving up decent pay for decades, for the sake of the family.

alfiesbabe · 10/05/2008 12:01

fym, it's not true that there's NO role that can't be done part time. I'm not commenting on the OP's case, because obviously every case is individual, but the myth that anyone was a 'right' to change their contractual hours to part time is a myth.
There are many jobs where it MIGHT be possible, but has to be weighed up against all sorts of other factors - eg would it cost the company more/impact unfavourably on other's jobs.

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