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flexible working legistalation

4 replies

Reallytired · 17/12/2009 21:57

What is the difference between having the legal right to request a reduction in hours because you have small children (Ie. caring responsiblites) and the fact that anyone can ask informally for their hours to be reduced.

I formally requested to reduce my hours from 37 hours a week to 20 hours a week. I suggested that the other 17 hours a week could be done as a job share. The school is not prepared to allow me to reduce my hours at all. Also the full time job they are offering me is not the same as my old job. They have got a company in to manage the network. There will be no on site network manager to help me prioritise work or help with problem solving.

Apparently the external company are insistant that my role has to be done full time by one person. My feeling is that external company wants rid of me so that they can make more money. They want their own technician.

My request has been refused because they argue that there will be no continuity. I am a school ICT technician who is not paid much more than the minimum wage. The school has part time teachers, LSAs and admin staff. I don't understand why there is an issue of continuity. Especially as I do not work directly with the children. Unfortunately I do not belong to a union because I didn't want to go on strike.

Do I have an recourse in law?

OP posts:
flowerybeanbag · 18/12/2009 10:36

If you have children you have the specific legal right to request flexible working. The employer must follow a set formal procedure, consider the request properly and provide one of 8 business reasons with a full explanation of how that reason applies if they want to refuse the request.

If that right doesn't apply to you, nothing is stopping you asking your employer but they are under no obligation to consider your request or provide concrete business grounds for refusing it.

Reallytired · 18/12/2009 11:46

I have two children, one 8 month old baby and an eight year old. I wrote a letter to my employer and I have just been verbal given the answer "no". The reason given has been continuity. There is no explanation why my role needs continuity more than other part timers. I have yet to be given this in writing.

OP posts:
RibenaBerry · 18/12/2009 12:04

You need to make it clear that your application is under flexible working law and do it in a set format. More info here.

When you get the written answer, I would suggest making the application again in accordance with the procedural rules, or if they give you an opportunity to appeal then use that. People on here can help you do that.

74slackbladder · 06/01/2010 11:17

you have the right to ask for flexible working as everyone else says. there is no guarentee that an employer will give it to you. there are the 8 'business reasons' they could turn it down on which i think someone has already said.
basically it's' quite easy for an employer to fob you off , IMO. \they can say for eg that hiring someone else to do the job share is a cost they cant afford or that it will compromise the service they are providing or some such...there are lots of ways for them to refuse it.
but do put it all in writing and do it formally then you have recourse if they stray from the rule book
good luck

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