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Flexible Working and promotion - legal help please

3 replies

LilOrphanAnnie · 21/04/2009 19:00

I currently work 28 hours over a 5 day week, to let me do the school runs. An internal vacancy has come up in a v similar role to my current job. I want to apply for it ( its a £5K a year pay rise), but I have been told that I will need to go full time. Even if I am the most suitable internal candidate ( current block on external candidates due to credit crunch), I will not get it apparantly, unless I commit to full time. Which I can't as I have a disabled child and need the flexible working as her school has no pre or post school care. Can my employers do this? Can any HR type people give me some help please?

OP posts:
Northernlurker · 21/04/2009 19:05

Unfortunately yes I think they can do it. If you were in the full time post and wanted to go part time they would have to make a business case for why you couldn't though. You could take it full time (assuming you got the job) and then apply for flexible working in due course - but how would you cover the overlap?

flowerybeanbag · 21/04/2009 19:26

Certainly your employer can advertise a vacancy as being full time if they think those are the hours required to do the job, there's nothing wrong with them doing that. They've obviously had some discussion at some point about what hours are required for this post and decided they need full time hours.

Even if they won't consider external candidates at present, perhaps they are confident that there will be someone suitable internally who is prepared to do the hours required.

It does seem a bit shortsighted of them I agree, but in the current economic climate, there is a lot less motivation for employers to be flexible to accommmodate candidates. As your employer won't consider external at the moment, obviously there is a greater chance that they won't find someone suitable internally and might then be prepared to reconsider.

You can put in a flexible working request, but only one a year. So assuming you haven't put in a request in the last year, you could apply for the job on a full time basis, then, once you are in it and performing successfully, you will be in a position to put in a request and demonstrate clearly and realistically how the job could be managed on less hours.

Have you put together a 'case' explaining why and how you think this new job could be successfully managed in less hours? I would suggest you do so if you haven't anyway. If there are financial concerns where you work, the prospect of a significant salary saving by having a part timer rather than a full timer could be emphasised.

LilOrphanAnnie · 21/04/2009 19:51

Thanks everyone. I have certainly considered applying for full time, and then requesting to work flexibly. I am concerned though, about covering full time in the interim, as dd will still need taking to and picking up from school. If I don't do the hours required, they would then, i guess, have a disciplinary case against me for skiving! Which, if upheld, would lead to me being unemployed, I guess again. How quickly after getting the job can I put a request in, do you think?
I can see why women who have childcare issues don't progress. Pity the job doesn't pay £100K+ so I could pay for a nanny!

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