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Anyone successfully appealled a refusal to a flexible working request?

10 replies

MrsJamin · 11/09/2008 19:47

Work have turned down my request to go part-time, is it worth appealling or should I just accept their decision and the consequences (i.e. I give my notice in because I don't want to work full time)?

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avenanap · 11/09/2008 19:48

Have they given you a reason why they have refused it?

NorthernLurker · 11/09/2008 19:50

There was somebdy on my ante-natal thread who appealed I think - and I'm pretty sure they won but it still wasn't an ideal situation as her boss was an arse! I'll hunt about a bit...

MrsJamin · 11/09/2008 19:50

Business reasons, i.e. the work won't get done, they need a full time person. Not sure I could argue that the business wouldn't suffer if they wouldn't take on another part-timer.

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avenanap · 11/09/2008 19:52

This is the only reason why they are legally allowed to refuse. I don't see job share as a problem though. I should hang on for someone with some more knowledge then me though.

NorthernLurker · 11/09/2008 19:54

this thread might give you food for thought but not massively encouraging alas!

bran · 11/09/2008 19:55

If you handed your notice in would they just let you go?

I had this when I went back after adoption leave. I had been working 4 days a week before the leave and I wanted to go back 3 days a week but I was refused. I didn't bother appealing, I just went back 4 days a week while I was job hunting. Once I found another job (also 4 days a week but closer to home) I handed in my notice and suddenly they were perfectly happy for me to work 3 days a week, one of them from home.

I think it wouldn't have worked if I had handed my notice in before going back, by going back and taking on some complicated and long-term projects for a couple of months I made it more awkward for them to lose me.

MrsJamin · 12/09/2008 08:18

Thanks for your comments everyone, I'm going to do some serious thinking...

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flowerybeanbag · 12/09/2008 08:55

best reason to appeal is if they haven't followed the procedure properly. That's all a tribunal could enforce anyway. They have to give at least one of 8 reasons and explain how that reason applies, but it sounds as though they may have done that?

Reasons are -

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 periods the employee proposes to work
Planned structural changes

They must specify which reason applies and explain why it applies.

Bottom line is, even if they didn't follow the procedure, by appealing you would only force them to consider again following the procedure this time.

But by appealing it would give you a chance to address their concerns. How about a compromise? Think about offering a compromise and/or a trial period to make it easier for them to say yes and easier for you to prove it will work. Think carefully about what your proposed solution/s would be to the problems they've raised.

flowerybeanbag · 12/09/2008 08:57

Ooh and for a (long drawn out) success story when it comes to appealing a request, do a search for messages by Talky in Employment topic.

MrsJamin · 12/09/2008 09:08

Thank you flowerybeanbag, that really helps me think about appealling. They've followed the procedure to the letter and have mentioned several of those 8 criteria listed so I don't think I have a chance.
TBH I was in 2 minds to go back anyway!

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