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Requested Flexible Working....Now I am in mess !

7 replies

js1000 · 10/03/2009 11:25

Hi,
I am new here and this is my 1st post. I would really appreciate your advice and support.
I have recently returned back to work after maternity leave, I had applied for flexible hrs i.e. to work 10 hrs from home which was party refused(they agreed to give me 4 hrs without giving any explanation ) n my appeal to refusal was also not held. During the process of making application, meetings and appeal, I have suffered harassment, bullying and very negative approach from management. I know that they have just been unreasonable because I did explain how I am going to do the job and couple of other mothers work in a same pattern as I had requested for. Throughout this process many of the procedure were not followed by management for e.g I was not given any right to be accompanied by union rep. or work colleague and in appeal refusal letter had uncomplete explanation that how it is going to be deteramental to my work and performance ., whereas as per ACAS policy it should have been in direct response to my appeal grounds. I was offered to reduce my hrs which I declined as its going to affect my wages.
I have been on stress related sick leave 8 for weeks, had my occupational Health interview last week . My OH has asked management to accommodate my request and recommended to review whole application again. I also have been referred for staff counselling by OH.
Meanwhile, I have started grievance procedure for indirect sex discrimination, marital discrimination and harassment.
My questions are-
Isnt management legally bound to listen to OH recommendation? Or there are some way-out to not follow specialist advice?
Do I have a case?
Is it worth going to tribunal?
Please Help!
Jo
Sorry for the long rant

OP posts:
flowerybeanbag · 10/03/2009 11:37

As you know they have to follow a certain procedure, including giving you the right to be accompanied by a colleague (who could be a union rep) and giving one or more of eight specified reasons for refusal.

It does sound as though they may not have followed the right procedure, but they did offer two compromises.

There is no obligation for them to accommodate your request just because an OH doctor thinks they should I'm afraid. Changing work patterns to help someone off long-term sick back to work is something different, and if you had been off ages and they were considering dismissing you or something similar, and had refused to make adjustments that would allow you back to work, then that's something else. But that isn't the situation here as far as I can tell.

When you say 'do you have a case', what do you mean? A 'case' for what? You mention indirect discrimination, and 'marital' discrimination (not sure what you mean by that, you don't have any particularly protection against 'discrimination' for being married, or not married, or whichever you are). Are you thinking of making a claim for indirect sex discrimination?

You mention that you have put in a grievance for all these things, but have you put in a grievance about their failure to follow the proper procedure? A tribunal can hear a case about that, and can insist on the request being heard again using the correct procedure, but it can't tell the employer whether they should accommodate the request or not. So if your request is not accommodated and you want to take it further, sex discrimination will be your option.

Based on what you've said it's impossible to say whether you have a case for that. Refusing a request which, in your opinion, is manageable, isn't necessarily discrimination. What reasons did they give for the refusal? When you requested to work from home 10 hours a week, presumably you would have childcare in place for that time?

js1000 · 10/03/2009 12:16

This reply has been deleted

Message withdrawn

flowerybeanbag · 10/03/2009 12:30

Have you sent this in already? I'm not going to go through it all in detail as I'm not in a position to spend so much of my time on something like this for free - I do have private clients in a position like yours where I review/amend letters for them and advise them on how to handle situations like this and how best to approach/deal with their employer, so obviously I can't do the same thing free for someone else.

So you are thinking of bringing an indirect sex discrimination claim to a tribunal? When I say a claim for what, I mean what will you be claiming, so I assume you mean indirect sex discrimination. If you are thinking of doing so have you seen a solicitor yet?

If you haven't send this grievance in yet remove the paragraph about 'marital' discrimination. I can't see how your marital status has got any bearing on this whatever, surely the same issues would apply if you were unmarried with children?

I would also suggest you ask MNHQ to remove that post as it makes you very easily identifiable. If your manager or someone from HR or something is on MN and reads this they will know it's you as the text of your grievance will obviously be familiar. Stick to general stuff only.

js1000 · 10/03/2009 12:37

I am not sure how remove the text as I am new to this forum.

OP posts:
flowerybeanbag · 10/03/2009 12:40

If you click on 'report post' which is above each post on the right, you can report your own post to MNHQ and request it removed.

js1000 · 10/03/2009 12:43

Hi,
I have aleady sent the letter......I do not have a lawyer as I do not know If It is worth taking the case to Tribunal.
Is there anyway I can contact you?

OP posts:
flowerybeanbag · 10/03/2009 12:46

If you click on my name it will take you to my profile, and on there I have my website and an email address.

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