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Original poster

Flexible working request denied… unjustified? (currently on maternity leave)

108 replies

Daisywillow17 · 28/02/2025 19:22

Hello all,

I am after a bit of advice. I put a flexible working request in and it’s been denied in the grounds of burden of additional costs & insufficient work.

Before going on maternity leave I worked 5 days a week, I have requested to work 2 days a week.

My managers got me in for a meeting to discuss this and they told me the company is down 30% on this time last year so they will be unable to accept my request going down to two days. This automatically means I have to go back to working full time (as the law states I have to go back on what I was on before maternity). They know I don’t want this, essentially forcing me to hand my notice in.

Additionally, my workplace have not met the statutory time frame of the two month response of my request. They’ve gone over this.

It seems as if the company assumed I wasn’t going to go back, hence the reasoning of burden of additional costs, when, in fact I’ll be costing the company less as I’ll be working for them less (5 days to 2).

As they’ve said that there is no work for me for two days, this essentially means my role is redundant. but they’ve said they are unable to make me redundant because of the 18 month maternity protection.

where do I stand with this? I have appealed on the basis that their justification makes no logical sense and the fact that I’ll actually be costing the business less.

i really want to go back two days a week, I have no idea why they assumed I wasn’t going back….!

OP posts:
Motheranddaughter · 28/02/2025 21:24

BlumminFreezin · 28/02/2025 21:23

Call their bluff.

Say that as your request to reduce to 2 days has been rejected, you have managed to arrange childcare and will see them on x date, to return full time.

This

AncoraAmarena · 28/02/2025 21:25

Pregnant Then Screwed

Please contact these people. There's also good info on the website.

CoffeeFluff · 28/02/2025 21:27

MidnightPatrol · 28/02/2025 21:18

Sounds like this isn’t the job for you OP.

Why don’t you just start looking for an alternative where the two days a week can be accommodated?

They are not obliged to fulfil your request, and are offering your normal role back to you - so legally I don’t think you have any ‘case’ here.

Edited

They are not offering her normal role back.

MidnightPatrol · 28/02/2025 21:32

@CoffeeFluff i think OP has changed her story somewhat since the first post.

If they can’t give her 5 days a week again - sue them for failing to keep her job

If they just can’t give her two - no case

InWithPeaceOutWithStress · 28/02/2025 21:34

Call their bluff!

NoWordForFluffy · 28/02/2025 21:35

Team Call Their Bluff!

autisticbookworm · 28/02/2025 21:38

Call their bluff agree to return 5 days. If they say they can't offer you a role you have got them for unfair dismissal.

In the mean time start looking for a park time role.

MrsBennetsPoorNerves · 28/02/2025 21:44

BlumminFreezin · 28/02/2025 21:23

Call their bluff.

Say that as your request to reduce to 2 days has been rejected, you have managed to arrange childcare and will see them on x date, to return full time.

Yes, this. If they're trying to use the flexible working request to force you out, call their bluff and tell them you'll be going back full time.

LIZS · 28/02/2025 21:47

How long have you been on ml? After a year they only have to offer an equivalent role not specifically your previous one for example.

Hadenough1234567 · 28/02/2025 21:51

it is a flexible working request

From ACAS website:

Types of flexible working
There are many different types of flexible working.
For example:

  • part-time hours
  • staggered hours
  • remote working
  • working from home
  • hybrid working
  • flexitime
  • job sharing
  • compressed hours

Pursue your appeal. Ask for a settlement agreement if they don’t agree something that works.

Original poster
Daisywillow17 · 28/02/2025 21:53

LIZS · 28/02/2025 21:47

How long have you been on ml? After a year they only have to offer an equivalent role not specifically your previous one for example.

I will have taken the full year.

OP posts:
Original poster
Daisywillow17 · 28/02/2025 21:53

I’d love to call their bluff but what happens if that means I have to go back full time and I can’t because of childcare?!

OP posts:
CantHoldMeDown · 28/02/2025 21:55

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Original poster
Daisywillow17 · 28/02/2025 21:58

My plan is to ring pregnantthenscrewed on Monday and get their perspective.

I believe they just wanted to put me in a situation where I have hand my notice in so they don’t have to pay me redundancy. They probably thought it was the cheapest and easiest solution, rather than going through the redundancy consultation process with all the other employees too.

OP posts:
Doggymummar · 28/02/2025 21:59

warehouses and factory jobs are usually heavy on unions so talk to your union rep, gave you been there over two years? Contact ACAS and Pregnant then Screwed

Original poster
Daisywillow17 · 28/02/2025 22:00

Doggymummar · 28/02/2025 21:59

warehouses and factory jobs are usually heavy on unions so talk to your union rep, gave you been there over two years? Contact ACAS and Pregnant then Screwed

We are a very small team of only 10. We are not part of a trade union!

OP posts:
Doggymummar · 28/02/2025 22:02

I'm just one person and a member of the GMB what's difference does the number of people make ? Too late now if you didn't join. Good luck

Babycatsmummy · 28/02/2025 22:14

@DancefloorAcrobatics I also work for the NHS and feel really lucky my trust accepted my FWR and gave me what I wanted.

onwards2025 · 28/02/2025 22:15

How easily could you find another job that suited your doing 2 days? If you think you could find another job quite quickly then your answer is a settlement agreement

Do not hand your notice in, you are in a good leverage position whilst on maternity leave. You can be the one to broach a settlement agreement with them. It's a way for you to leave by them paying you off but isn't redundancy (but often used in circumstances that would otherwise be redundancy)

This is all dependent on you having worked there over 2 years and the longer the better

StepAwayFromGoogling · 28/02/2025 22:15

LIZS · 28/02/2025 21:47

How long have you been on ml? After a year they only have to offer an equivalent role not specifically your previous one for example.

Yes, but it has to be on the same terms: same working hours, same grade, same pay. They can't reduce your hourly wage or the number of days/hours you work. That's illegal.

LIZS · 28/02/2025 22:20

I agree , but they could offer, for example, a five day admin role and that would be legal. Whether op would want to do it is another matter. Neither can insist on a reduced hours role although they could negotiate.

Original poster
Daisywillow17 · 28/02/2025 23:59

onwards2025 · 28/02/2025 22:15

How easily could you find another job that suited your doing 2 days? If you think you could find another job quite quickly then your answer is a settlement agreement

Do not hand your notice in, you are in a good leverage position whilst on maternity leave. You can be the one to broach a settlement agreement with them. It's a way for you to leave by them paying you off but isn't redundancy (but often used in circumstances that would otherwise be redundancy)

This is all dependent on you having worked there over 2 years and the longer the better

would be challenging but not impossible to find another role.

One worked at the company 6 years.

OP posts:
Blueberry911 · 01/03/2025 07:25

You need to get off mumsnet and speak to pregnantandscrewed and ACAS.
So many people spouting absolute shit on the first page of this thread alone advising that you haven't made a flexible working request because it's a significant reduction in hours - that is a flexible working request.
Your work are acting illegally by denying you more than one day a week on reduced pay. You need legal advice, not mumsnet.

YoYoFlo · 01/03/2025 09:49

When are you due to return to work?

Is there time to try and get this resolved - eg mutually agree an acceptable reduction in hours or agree a settlement to leave?

JoyousPinkPeer · 01/03/2025 10:29

rainache · 28/02/2025 19:38

To Me, that is not a flexible working request. You have asked to return and work less than half what you were contracted before. They have said there isn't a role for 2 days a week. The additional costs would be recruitment / employing / training an additional person to fulfill the other 3 days from a 5 day contracted role.

It is a flexible working request, no doubt.

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