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Advice pls on the refusal of my flexible working app

5 replies

oldcronk · 28/08/2008 12:19

It was refused, no reasons were given. I was told that some of the roles are full-time only, the others are moving to another team. My manager wasn't aware that I should get a response in writing. In fact he doesn't seem to be aware of the statutory process at all!

Do I wait the fourteen days to see if I receive anything in writing despite it being stressful waiting?

Do I appeal now, although there are no reasons to argue against?

Do I go to HR, even thought the manager said he has talked to HR?

Do I raise a grievance now?

I'm trying to get advice from my union but don't know how much help they are.

Thanks for your advice.

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whatdayisit · 28/08/2008 12:31

Have a look at this working families web site It was excellent when my new boss decided he didn't like my part-time hours. The free legal helpline was fantastic and as soon as boss realised I knew far more about the legal position than he did, suddenly they didn't need to change my hours after all

AvenaLife · 28/08/2008 12:37

You get three months to take this to a tribunal if things don't work out, that's three months from today. It's a long process aswell so I would look into things if I were you. As far as I am aware, the only reason they can legally refuse is because it will ba harmful to their business. If you can show that they have allowed others to have flexible working then this would be grounds for a tribual.

Union's are really helpful by the way. Some have an advice line. You can also contact the Equal Opportunties commission who also have an advice line or look at whatdayisit's link.

BetsyBoop · 28/08/2008 18:35

in the first instance I would be tempted to do a

"further to our conversation on xxx..." email

with a link to the BERR website saying something along the lines of

"you are no doubt aware that you have to provide the reason for your refusal in writing, please provide this within the statutory 14 days so that I can consider whether or not I wish to follow the appeals process."

Try & keep it light hearted for now. They have to provide a written reason, if they don't you can raise a grievance, if they do you can formulate your appeal accordingly explaining how their reasons could be overcome.

If you don't get a response from your manager then engage HR as well.

This should be bread & butter stuff for any decent union rep.

whatdayisit · 28/08/2008 19:37

I agree with the e-mail idea. That's what I did. It meant that they knew I had their responses in "writing" without the formality of actually putting it in writing IYSWIM

oldcronk · 02/09/2008 15:05

Thanks for the advice, I still don't have any reasons for the refusal and my manager is now on holiday beyond the 14 days he had to provide the reasons!

I'll appeal and see what happens next.

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