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Flexible working rejected - Help - what to do next

73 replies

climbingeverest · 17/11/2008 17:42

Hi All flexible working Mn's,

I requested to return to work 4 days a week, with one day working from home for 3 months only, until my son was a year old in January. He was born premature, and feel that a day extra with him, would benefit him. Thereafter, I requested that I would return to work 5 days a week, with one day working from home.
I've just had this request rejected, on grounds that the team structure does not allow, it will be difficult for cover purposes etc.. and they have come up with 3 days in the office, and 2 days working from home for the first 3 months, thereafter 4 days in the office, and one day working from home. After 6 months, they want me to return to work full time.
Besided the cost of childcare for an extra day, so we're looking at £200 a month, just think this is unfair! They have recently changed their policies, with all the current climate etc, and the business need etc.. doesn't allow it...all HR crap. I feel that it's unfair, as there are mothers already within the company that returned to work a few months ago, and work 3 days a week(obviously with a pay cut). And that there is another woman within the team that has within her contract that she can work 2 days from home to be there to pick up her son from school(she has a fit and healthy 9 year old son!)and she has been doing this for the past 3 years.
All I'm asking for is 3 months of working 4 days a week (with one of these days working from home), and one day to have quality time with my little boy.

Any advice would be greatly appreciated!

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AtheneNoctua · 17/11/2008 22:58

This is a good web page: flexible working request

"Your employer must arrange a meeting with you to discuss your request within 28 days of receiving your request, although this time limit can be extended either if you agree to an extension or if the person who has to make the decision is away on leave or is ill. "

Bubble99 · 17/11/2008 22:58

You might have grounds on procedure but I doubt you'll be able to force them to accept your request. An employer has to show a good reason for refusing your request, which they seem to have done. They have also compromised.

climbingeverest · 17/11/2008 22:59

they didn't extend it.. they merely said that HR were discussing it, as they didn't know what to do, as the policies were changing

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climbingeverest · 17/11/2008 23:01

its such short notice, i'm basically stuck without a childcare for the one day. especially as Xmas is coming up too. So may have to work, with my child being with me, if I have no alternative

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AtheneNoctua · 17/11/2008 23:02

In all honesty I think there is a small chance you could appeal on the basis they did not follow the procedure. But, in the greater scheme of things, I think you will do yourself more harm than good. I think appealing will damage your working relationship with the people who are clearly opposed to your request, and one day a week for a few months is probably not worth it.

Why don't you offer to take that one day a week as unpaid parental leave until your childminder can pick up the day?

AtheneNoctua · 17/11/2008 23:04

When did they decline the request?

climbingeverest · 17/11/2008 23:05

i could try the unpaid parental leave. But think they will still reject that, as they will need someone to cover me on that day.

thks Athene, you have been very understanding.

but as it's just 3 months, I may just agree to working from home 2 days a week, but work with my child being at home with me.

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climbingeverest · 17/11/2008 23:08

they declined it because of the team going under a new change, and there wouldnt be sufficient cover, and others couldn't take leave when I was off

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AtheneNoctua · 17/11/2008 23:08

What is your husband/partner's role in all of this? (assuming you have one)

AtheneNoctua · 17/11/2008 23:09

But, when did you get written notification of the counter offer?

HappyMummyOfOne · 17/11/2008 23:10

I think you jumped the gun and assumed they would let you work how and whenever you wanted and therefore arranged childcare to suit your plans before actually getting a response from your employer.

I agree, appealing may do more harm than good. They have already compromised and offered a great deal of flexibility to ease you back into working. If they acknowledged your request, they may techincally have done nothing wrong as you said it took 1.5 months (6 weeks) - they get a month to acknowledge the request and discuss it and a further two weeks to make a decision which is 6 weeks. However not an expert, Flowery is best for procedures etc.

Perhaps your childminder can recommend another that can pick up the extra day or maybe you can use a days holiday until a space comes free with your existing minder.

climbingeverest · 17/11/2008 23:10

sorry, thought you asked why? they declined it last week. The week I was supposed to have returned to work.

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climbingeverest · 17/11/2008 23:12

Happy - I assumed, as this is what they've given to other mums at work this year.

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climbingeverest · 17/11/2008 23:15

my husband will be paying half of the childcare too, and will be dropping off and picking up some days too

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AtheneNoctua · 17/11/2008 23:17

And no doubt they think you are home sick because you are mad about the decline. It may or may not be the case, but it is probably what they think. I think you better get back to work before they retract the offer they did make, to be honest.

For what it's worht, I do think it was poor of them to respond the week before you were due back. But, really, I think you will better off in the long run if you make every effort to get back to work.

I think you are entitled to unpaid parental leave to look after a child under the age of five. But better to wait for flowery to come comment. She knows more than I do.

AtheneNoctua · 17/11/2008 23:19

Could your husband take every other Friday? So you are each using two hols per month on these three months where you are in a bind? (besides it's good for men to learn from the start that childcare is their issue too )

climbingeverest · 17/11/2008 23:24

no, I had cyst removed that's why i'm off. Employers are aware of that. Had a cancer scare before I had my son. that's also a reason why, any extra time I can spend with him, even until he is a year old, is important to me.
unfortunately my husband can't, he is basically the breadwinner here, and pays the mortgage.

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AtheneNoctua · 17/11/2008 23:29

Oh, ouch. Sorry about the cyst.

I think your options for the fifth day are:

  1. unpaid parental leave
  2. holiday
  3. find alternate childcare

When I returned to work after having my fist child I had child care sorted (so I thought!) with DH's sister who was effectively going to come be our nanny. She pulled out the Thursday night before I was due back at work (on the Monday). Boy. was I mad. So I do understand what it is like to be in a last minute bind.

AtheneNoctua · 17/11/2008 23:31

Now, i must go to bed as I have to be up early for work. I'll check back here tomorrow. Night night...

climbingeverest · 17/11/2008 23:33

night, thks for your advice Athene, and keeping me company. have been so stressed over this, that I couldn't sleep.

Hopefully Flowery will respond on this.

Gnite

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NorthernLurker · 18/11/2008 07:12

I wonder if you can find anybody wanting a nanny share for that fifth day? Or what about a nursery - if you are working from home you could drop off at 9ish and pick up at 3.30 and work vey productively in between. My dd3's nursery is £34 per day - is that sort of level totally impossible on your fulltime salary? It will be more in London etc. I know your son was prem though - does that rule out group childcare?

climbingeverest · 18/11/2008 08:01

time is against me. I am away for xmas, and not many people are taking any vacancies now at short notice.

He's a good baby, so may just work from home, with him.

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hanaflower · 18/11/2008 08:10

This reply has been deleted

Message withdrawn at poster's request.

AtheneNoctua · 18/11/2008 08:30

Why don't you see if you can find a local Mother's help for the Fridays. That way you can be home and see the baby when you want to, but you can still get on with your work and pass baby over to the mother's help when you need to. She doesn't need any registration or qualifications as you will be in the house as well. You could probably find a local teenager who would work for minimum wage.

climbingeverest · 18/11/2008 08:59

thk you all. I'm just so sad, with all I've been through with the cancer scare, and my little one born prem, that I can't even have some extra time with my lo, until he is one.

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