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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:
Unexpectedlysinglemum · 01/03/2025 14:34

Flexible working would be soenfhing like an early finish or later start, or compressing your hours to do a 9 day fortnight or 4 day week

Unexpectedlysinglemum · 01/03/2025 14:35

MissRachelismycoparent · 28/02/2025 19:57

In fairness to them, our organisation would never accept someone working just 2 days a week. 3 is the absolute minimum and any less if just isn't worth it. Full time to 2 days is a huge change.

I agree. As if you need to do training, team meetings, line management etc that can use almost all your time up and then there's not much time to do any actual
Work

Unexpectedlysinglemum · 01/03/2025 14:36

What is your job? Could someone else do the three days?

TartanMammy · 01/03/2025 14:40

Daisywillow17 · 28/02/2025 22:00

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

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Anyone can be a member of a trade union, you don't need to be in a specific workplace for that. Unison are so valuable so this kind of thing.

Cattreesea · 01/03/2025 15:40

Have you suggested a jobshare OP?

I always think this type of behaviour by employer is shortsighted.

If you resign they will have to go through the expense and time to advertise, interview, recruit and then train someone new while losing your knowledge and experience.

Neurodiversitydoctor · 01/03/2025 16:10

Motheranddaughter · 28/02/2025 21:24

This

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Yes this, when is your return date and what is your notice period ?

CantHoldMeDown · 01/03/2025 16:11

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

HelenWheels · 01/03/2025 16:12

we are also not allowed to employ people for 2 days a week, no idea why

however they have offered you just one day?
that is bonkers

stichguru · 01/03/2025 17:34

"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."

That is fair. Flexible working is stuff like finishing early some days, or starting later, or wanting to work Tues, Wed, Thurs instead of Wed, Thurs, Fri. This would be something that a company that is properly managed with some slack in their staffing could manage well and is very reasonable. Maybe with a part-time existing staff member being happy to change their days, or take on a few more hours.

What you have asked for almost certainly requires them to create an extra part-time post, which has lots of implications. Employing a new staff member requires them to pay for NI, all the recruitment/interview process, training for that new person, time to do all of that and train the new person etc. This is a massive and expensive process in terms of time and money, and it is ok to reject that request on that basis. Unless you are in a role which can only be done after months of specialist training which can only be done in that company (not a role like a nurse, where they could employ someone had all their generic role training done) then it makes more business sense for them to reject your request, which is fair enough, and offer your role to people covering your mat leave, or other people who would be more likely to take a full time post, rather than them having to employ multiple people.

HelenWheels · 01/03/2025 17:49

@stichguru
not in this case, read the op update,
they can only offer one day - scandalous

autisticbookworm · 02/03/2025 07:16

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?!

Then you look for a new job. You won't have lost anything.

rwalker · 02/03/2025 07:37

i get it they’ve too many staff to take you to 2 days is no good
they can offer you one day as it would go a long way towards reducing staffing levels

failing that you return FT and they start the redundancy selection process does automatically mean there going to select you

RatedDoingMagic · 02/03/2025 07:47

In reality, if you did decide to go back full time, they would be making a couple of other part time workers redundant. It would be your right to trigger that, and it wouldn't be wrong to do it, but that's not what you want.

Your have the right to return on the same terms as before, this is a good thing. Any variation from that, they have no obligation to accommodate if it doesn't make business sense. Your proposal has no advantages for them.

Start job hunting for a part-time role that suits your needs.

AllThePotatoesAreSinging · 02/03/2025 07:50

DancefloorAcrobatics · 28/02/2025 19:56

Flexible working is if you work the same amount of hours but start/ finish earlier or working compressed hours over 4 days.

You have asked for a reduction in hours that (rightly or wrongly) have no benefits to the business. It all depend on your role and the business needs.

No it’s not. Flexible working is any working pattern that is adapted to suit the worker’s needs. This might be part time hours, compressed hours, working from home, or even start and finish times.

Reduction of hours is 100% a flexible working request, as is increasing hours back up from a part time working pattern.

OP you are correct to appeal this. There are only a limited number of reasons employers can use to refuse flexible working. Refusing because there’s not enough work to be done on the hours you’re asking for makes no sense because you are still asking to work your normal working days, it’s not like a retail worker who worked peak hours asking to change to a 4am shift. If you’ve not already done so speak with ACAS for more advice

Ritzybitzy · 02/03/2025 08:00

Daisywillow17 · 28/02/2025 21:01

To clarify, my work have told me they do not have enough work for me for two days. They have offered me one day as that’s all they can afford.

There are other people in the same role as me and they haven’t had their hours cut.

If there are others in the same role you’re stuffed really.

They will put everyone in consultation and make redundancies - you have to be offered the job but if you refuse it they can still make you redundant.

daisychain01 · 02/03/2025 08:40

I wouldn't lock horns with your employer over this.

why not resubmit your FW request as a 20% reduction ie a 4 day week. You need to compromise and meet them half way rather than digging your heels in and reading them the riot act as is being suggested on here.

that will get you nowhere and will damage the relationship with your employer.

a 4 day week with 3 days off is a nice balance. Also think of your career and keeping your foot on the ladder, while also looking after your family.

NoWordForFluffy · 02/03/2025 08:41

daisychain01 · 02/03/2025 08:40

I wouldn't lock horns with your employer over this.

why not resubmit your FW request as a 20% reduction ie a 4 day week. You need to compromise and meet them half way rather than digging your heels in and reading them the riot act as is being suggested on here.

that will get you nowhere and will damage the relationship with your employer.

a 4 day week with 3 days off is a nice balance. Also think of your career and keeping your foot on the ladder, while also looking after your family.

Edited

They only want to offer her 1 day a week as they don't have enough work for her to work more. Submitting a request for 4 days won't help that situation.

They're trying to force her to resign rather than make her / A N Other redundant.

daisychain01 · 02/03/2025 08:45

So they have enough work for a FT role, because the OP is being told to come back on their pre-Mat work pattern, but not able to accommodate 4 days?

this doesn't make sense.

Motheranddaughter · 02/03/2025 09:32

I am a bit confused
Are they saying you can’t return 5 days a week
If not then you don’t have a claim for redundancy and they can probably justify a refusal of the flexible working request on cost grounds
If they are saying they can offer you 1 day rather than 2 then that is also allowed
It is only if you are saying you will return 5 days and they are saying you can only return 1 that they are wrong

RatedDoingMagic · 02/03/2025 09:55

daisychain01 · 02/03/2025 08:45

So they have enough work for a FT role, because the OP is being told to come back on their pre-Mat work pattern, but not able to accommodate 4 days?

this doesn't make sense.

They don't have enough work for her full-time either but she is legally entitled to return full time and to be protected from redundancy. If she returns full time they will make other people redundant but not OP.

She is not entitled to make them do anything else than that if it doesn't suit their needs.

rwalker · 02/03/2025 10:01

daisychain01 · 02/03/2025 08:45

So they have enough work for a FT role, because the OP is being told to come back on their pre-Mat work pattern, but not able to accommodate 4 days?

this doesn't make sense.

they’ll probably start the redundancy process for the whole team

NoWordForFluffy · 02/03/2025 10:47

rwalker · 02/03/2025 10:01

they’ll probably start the redundancy process for the whole team

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Which is what they need to do. Not try to force the OP to resign. Which is why she needs to call their bluff.

3rdtimeinflorida · 02/03/2025 10:55

Years ago after my 1st child I requested to work 2 days from FT and was denied this. I went to my union who said you are perfectly within your rights to ask for this and we will fight the case for you; which they did and I went down to two days. Of course they will fill 3 days- I’ve heard there are plenty of people out there looking for jobs…..🤔

rwalker · 02/03/2025 10:56

NoWordForFluffy · 02/03/2025 10:47

Which is what they need to do. Not try to force the OP to resign. Which is why she needs to call their bluff.

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OP has the option of one day or 5 days there not trying to force her to resign

NoWordForFluffy · 02/03/2025 10:57

rwalker · 02/03/2025 10:56

OP has the option of one day or 5 days there not trying to force her to resign

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Of course they are. If she doesn't take the one day (which doesn't suit her), they'll have to start the redundancy process due to a lack of work. If they can get her to resign as she wants neither 1 nor 5 days, that's a win for them.