Flexible working application - advice please!

[soupdela]

I put in an a flexible working application last october - literally that: I filled in the form and my line manager passed it over to HR. I was told by line manager that there probably wasn't much hope of my getting the hours I was after but to try anyway.

A couple of days later a vacancy was advertised on the board. It looked as though the hours would fit ok and since there didn't seem much hope of getting agreement on flexi I wrote to HR person to say I withdrew application and then applied for and got the new shift.

When I turned up for the shift first day I was told the hours had been wrongly advertised and that it involved finishing early hours sat rather than early hours fri as advertised. I was told I could go back to my old shift if I liked (usually a 12 month rule applies on applying for new shift). I decided to stay as I knew that my old hours weren't working.

Have realised after 3 months and using up a lot of leave days that sat finishing is causing too many childcare probs. Applied for flexible working asking if I could change work my hours over 4 days instead of 5 but it has been instantly rejected on the grounds that I have already put in an application in the last 12 months.

The person who awrongly dvertised my new shift I'm on is the same one who deals with flexible working so is well aware of the mistake but is sticking to this 12 month rule. Do I have any grounds for complaint? Grateful for any advice..

Well, the 12 month rule only applies to the strict legislation on felxible working. It could still be sex discrimination to refuse to consider a new request, especially since the old one wasn't fully considered.

I think on a strict interpretation of the legislation, putting in an applicaitons counts even if it doesn't get considered, but I'm not sure if there have been any cases.

I would reiterate that your previous application wasn't considered at that you would like this one to be. I would also stamp your feet about the false advert and point out that it's their fault because you would have continued with your first application had this new role been advertised properly.

Is there someone you can go to other than your direct manager - HR or someone?

I think if you withdrew the application quickly, it was never considered, you never had the meeting to discuss it or anything like that, the 12 month rule shouldn't apply at all. As Ribena said, the legislation says about making one application a year, not having one application heard a year, so there is a technicality problem. I think it would not be in the spirit of the legislation to refuse another one in your circumstances anyway.

I agree you need to speak to someone else, HR or whoever.

Thanks very much for your help you two.

I am going to have a chat to a union rep tonight but I am not actually a union member so I don't know how much help she will be able to give me.

I could also try a grievance against this particular person in HR who dealt with my flexi application and shift change but he is a notoriously slippery customer and I suppose even if I can get him to back down on the 12 month thing doesn't mean he will agree to my change of hours.

Anyway, thanks again and I will see what the union rep says.