Where does DH stand (Flexible Working)?

[lou031205]

DH's company took a temporary move to cut everybody's hours to a 4 day week in January, due to credit crunch. Move to be reviewed in April. April came and went with no mention of return to 5 day week as a certainty.

DD1 has SN, and we found the 4 day week really helpful. So, in May DH submitted a Flexible Working Application. It is a small company, owned and run by an old college friend of DH, and he is quite new to running a company. He had never heard of a FWA, or the legislation, but was happy to consider it. DH used the berr template for the application, so it was helpful for the MD.

The 28 day limit came and went. DH asked his MD what was happening. The MD said that he was going to have a meeting with DH's line manager and the book-keeper/accountant and get back to him.

At some point in June, the MD told DH that he had had the meeting, and that he was agreeing the FWA. DH asked for written confirmation, and was told that it would be done ASAP.

In the mean-time, the MD has decided to look for a buyer for the company. DH's line manager called a meeting to say that soon everybody would be returning to a 5 day week, and allocated areas for deliveries and so on.

DH queried it with the accountant/book-keeper, who said that as far as she was aware, he was on a permanent 4 day week, and that the budget had been calculated with DH as an 0.8 FTE.

DH approached his Line manager this morning, and he seemed OK with this. This afternoon, the line manager said that he had the form DH had submitted, and would take it home to look at it, but he 'may not sign it' because the company may be sold soon, and they may want everyone on a 5 day week!

Where does DH stand? He has been verbally told that his application was successful, the budget has him as a 0.8 FTE, but his line manager is suggesting that it may now be turned down?

To complicate things further, the MD is on annual leave, and doesn't return until the accountant/book-keeper has finished her notice period as she is leaving the company.

So when the MD agreed the request, he didn't tell your DH's line manager about it, but did tell the accountant to amend the budget accordingly? Or is your DH's line manager being passed the buck by the MD who may have changed his mind and doesn't want to have to deal with the fall-out?

In terms of his legal position, he needs to get confirmation of the answer, whatever that might be. He can then appeal it if he wants, at the very least on the grounds that the proper procedure and timescales were not followed, which they were not.

Depending on how the refusal is written, he can also appeal the business grounds given for refusal as being inadequate or similar.

But appealing it is the next step.

Thanks, Flowerybeanbag. At the time, the MD said he had met with both the accountant and the line manager.

Only last week when the possibility of a sale was raised, DH approached the MD to remind him that he needed a written ammended contract, and the MD said that he would do so ASAP.

But the line manager seems unaware now or perhaps he just doesn't realise that it is a formal, legal request, protected by legislation.

It sounds entirely likely that the manager doesn't realise about the legislation or the formal nature of the request. He will have a good case to appeal the decision if it is turned down, but he needs it in writing. I think he needs to speak perhaps a bit more forcefully to his line manager, confirming that this request was agreed, and in fact confirmed again last week by the MD who said his contract was on the way.

Thanks Flowerybeanbag. The MD is back after next week, so we shall see...