HELP!!!!!! Felxible working refused!!!!!

[sausagebear]

Hi.

I am desperate!!! I have a 6 month old son and have just had a phone call today, refusing my request to go back part time. I am sooooooo upset and don't know what to do.

I am a teacher and was working full time. I have requested to do 2 1/2 days. The reason for them saying no is that there is an inspection coming up in January. They want me to go back full time, and they said they would look at my request again after the inspection.

What makes me more angry is that they are letting another teacher reduce her hours to 2 1/2 days. She is due to retire in a couple of years and doesn't want to be working full time during the inspection!!!! She has no child to look after!!!!

My mum is going to look after my son for the 2 1/2 days - it's all sorted with her boss. My son suffers from reflux and his eating is a nightmare so nursery just isn't an option, plus, I didn't have a baby to just put him in nursery!!!

They have always let people who have had babies go back part time - one woman just does 1 day a week. It's so unfair. I am going to appeal.

Has anyone else gone through anything like this? Is there light at the end of the tunnel? Any advice would be grateful accepted. I am so upset about this, I just don't need this kind of stress. It's not fair.

Hi sausagebear - don't panic.

You said you had a phone call today - have they put anything in writing? I'm assuming you made a formal request? If so, they have to outline their reasons and the fact that there is an inspection coming in itself isn't one of the legal reasons.

Are you in a Union? If so, get on to them, inform them you have had your request turned down.

I am a teacher, and had my initial request turned down. I had a certain number of weeks to appeal their decision (can't remember off the top of my head, but looking at the DTI info

here will fill you in on the 'timetable'

My story has a happy ending (I am now working the hours I orginally requested and was told were unworkable) but had to appeal, then put in a grievance, then appeal the outcome of the grievance, then submit papers for an Employment Tribunal. I couldn't have done it without the support of my union - who immediately appointed a legal caseworker to represent me who was worth her weight in gold! It shouldn't have to be such a struggle - but basically teaching is one of the few jobs where flexibility can be applied, and as your colleagues have already shown, the pattern of work you have requested can work. Obviously I don't know the ins and outs, and your employer might have a 'business reason' that is justifiable (in which case it matters not a jot what other people have been allowed to do, as each flexible working request is taken on its own merits) however, if you feel you are being unfairly treated - that is when it helps to know how other people are being treated in terms of flexible working requests.

So - sorry for long-winded reply - speak to your union, appeal if necessary, or ask for a written response if you haven't had one yet.

I was in the position that I couldn't go back to work on anything other than the hours I requested because of my childcare commitments - so I was going to have to resign and look for alternative work if my flexible working request didn't come off. So - I can imagine how stressed you must be feeling. Don't panic though - you don't have to 'compromise' your childcare commitments, you just have to be prepared to work hard at fighting for what is right, and be flexible where and when you can.

sausagebear try not to worry.

I am assuming you made a proper formal request rather than just an informal chat? This is the process you need to go through and that your employer needs to follow - slightly different from Happynappies' link. Make sure you've done exactly what you need to do and that you've been given a proper business reason for the refusal.

They have to give you one of eight reasons, as follows -

Burden of additional costs.
Detrimental effect on ability to meet customer demand.
Inability to reorganise work among existing staff.
Inability to recruit additional staff.
Detrimental impact on quality.
Detrimental impact on performance.
Insufficiency of work during the periods the employee proposes to work.
Planned structural changes.

They must specify which of those reasons applies and how it applies in your circumstances.

You have the right to appeal as you know. In your appeal make sure you have addressed their concerns. Presumably their concerns in your case will be to do with workload in the lead up to an inspection or similar. In which case make sure in your appeal that you deal with that and demonstrate how your request will not have a negative impact, and will in fact benefit your employer.

I'm sure you will have done this in your initial application but make sure you address how the rest of your job will be done if you are only working 2.5 days - how you propose any shortfall is made up.

It was probably a weeny bit premature to be organising your childcare without your request being approved tbh, and the fact that you have isn't their problem I'm afraid, although it's annoying. You may have to consider offering a compromise, doing, say 3.5 days, or working different days, for example. The fact that many others have had similar requests approved obviously works in your favour. This other woman reducing her hours may or may not help you, it depends. Just because someone else has an arrangement doesn't mean you can - for example working from home on a Friday might be a common flexible working request but if lots of people already have that arrangement, regardless of whether they have children or not, it might mean future requests are refused for workload purposes.

I know that's not your request but you can see what I'm driving at.

Good luck, hope you get it sorted.

Hi

Thanks for your replies - they were a great help. After many phonecalls, I have now received a copy of the policy from the county I work for, and according to this, the school have done everything wrong!!! I sent a formal request 53 days ago, have had no meeting and they have just given their decision without discussing anything with me. I think I have a case already as they haven't followed procedure - they should have called a meeting with me to discuss my request within 28 days, then give their decision within a further 14. As it's been 53 days, they haven't done this.

Am waiting for their written response which should come tomorrow, and will take it from there. Will contact my union once I have received this letter.

Thanks again for your advice - it helped me to calm down!!!!

Could you jobshare with the teacher who has reduced her hours? then they could advertise for a new F/T teacher?

Hi

The teacher who has reduced her hours has already been sorted out and they have a new f/t teacher for Sept.

I have received their letter today, and have handed in my appeal letter. I will just have to wait and see what happens now.

What happens if I refuse to go back full time?

You could refuse to go back full-time but that is the road to madness. That way lies disciplinaries and dismissal. That's if you just turn up for the hours you want to do and go home again.

You need to follow the flexible working process. Now that we've established they did not follow the statutory procedure and give you the opportunity of a meeting, let's start again. Write to them, attaching a copy of the flexible working policy and give them the opportunity to do it right this time. Get thee your trade union rep to the table as well. This time, set out the business case (and the precedents) and tell them you look forward to discussing it with them at the meeting.

If they refuse it, then appeal. If you do what I describe above then it gives you 2 further chances to get your arguments heard and also gets them out of hole as they haven't followed the procedure properly.

You do need to remember that flexible working isn't an automatic right. You do need to present a clear, well constructed business case. Try not to give them any reason to turn you down. Good luck.

Hi again sausage - I totally understand your position. My employers ironically said I could only work 2 and a half days which I know is what you want to do, but I couldn't. I knew that I couldn't work full-time or the hours that they were suggested, but I had to go through the process, and they eventually had to extend my mat. leave because it STILL wasn't resolved. I hoped to start last September, begining of academic year, but eventually went back after Christmas having been paid the holiday I had been owed at full-time rate... Wait and see what the outcome of your appeal is, and when you actually meet face-to-face with them you'll be able to explain your case more fully. Any luck getting in touch with the union rep?

Yes the local rep wasn't available today but have had lots of advice from regional rep. I have sent in an appeal so will wait and see what happens now. I will just go through the process and see what happens. If all else fails, I can go along the lines of indirect sex descrimination! Can't believe this is happening. They have always reduced hours for other people - why me!!!!!!!

Also, the reason they have given is that the quality will be affected for the inspection. If this is the case, how have they been able to reduce the hours of our head of infants to 2.5 days, leaving us with NO head of infants for the inspection??????? She was a senior member of the school. I'm not. Why is that not going to affect the quality when it comes to the inspection??????

Happynappies - I want to go back in September, but my additional mat leave doesn't finish until the end of November. My money stops mid August.

You said your mat leave was extended. Was this additional leave or just the standard leave that was extended?

Hi sausagebear - my AML ran until the end of Oct half-term, but they had to extend it (unpaid obviously) until the flexible working request was resolved satisfactorily. If you want to go back in September, you don't have to wait until AML finishes but obviously it all hinges on your request being dealt with and the outcome being satisfactory. If you want to go back in September, I think you need to give 4 weeks notice that you are ending AML - but obviously check this with your Union!