Full time return to work or JOG ON! is this allowed??

[JellytotZ]

I have been on maternity leave, due to return to work next week. However, I requested flexi work hours to accomodate my baby and today have been told if I want to return next week then its full time or nothing! Or, i have the choice to book an appointment to speak to someone in higher authority to discuss flexi time further...... but this could be couple of weeks away. I should add I was previously working 8:45 until 5:15 five days a week, and have requested to now have thursday off and start at 9:30 until 6pm only on tues and wednesday dues to my childminder.

Also, my return to work letter apparently was 'necer recieved by HR'...surprise surprise! So they thought I was returning come October.

Im just wondering where I stand really! They have never made my life at work an easy one, and this seems tpo be the next hurdle to overcome at a time when I should be enjoying last few days being with my baby

they have to consider a reasonable request and if their answer is no they have to have valid reasons why the business cannot support your request.

I'm sure someone with more experience will be along soon to help.

The lady who did my maternity cover didnt even last to Christmas 09, and since then there has been nobody in my place so if they have found a way to function without me then i cant see their need for me to go back full time.

I was told, 'if you were to come back and then leave your job in 3 months, 6 months, a year or whenever having only worked 30 hours a week, we would be unable to employ anybody for more hours a week than you have done'

I think the higher management team are quite strict on employing unless absoloutely necessary.....hence my maternity never being covered, they were told to 'just get by' ....very unnerving as im a teacher working in a preschool with 4 nursery assistants who have been holding the fort.

but....without meaning to be selfish, I dont care about who follows me in my job!! Or the problems the management team could possible have in the future! I love my job, and I cant see why my flexible working rights should be penalised simply due to a potential 'predacessor' to myself

grrrrr! > rant over!

Have you put in a proper formal flexible working request under the legislation, outlining what you want and how you think it could work? Have they responded properly and given business reasons for the refusal?

they have to give one of five (or so) reasons for not allowing a FW request. Will try to find a link.

sorry, 8 reasons. Have copied below from a personnel today article:

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Flexible working requests must not be taken lightly
Pam Loch 24 May 2005 00:00This article first appeared in Personnel Today magazine. Subscribe online and save 20%.

The right to request flexible working has been with us since 2003, when amendments to the Employment Rights Act 1996 came into force. Yet the recent high-profile case involving British Airways' (BA) refusal of a flexible working request by pilot Jessica Starmer is one of the very few cases to have been considered by an employment tribunal

The right to request flexible working has been with us since 2003, when amendments to the Employment Rights Act 1996 came into force. Yet the recent high-profile case involving British Airways' (BA) refusal of a flexible working request by pilot Jessica Starmer is one of the very few cases to have been considered by an employment tribunal.

Could this be explained by employers embracing the benefits of flexible working, or perhaps concern over the potential implications of refusing a request?

What is apparent from the BA case is that employment tribunals will look carefully at the reasons given by an employer for refusing a request. A request can only be made in writing by eligible employees who not only meet the qualifying service requirement, but who can also state that the request is being made to enable them to care for their children.

The Employment Rights Act specifies eight grounds that an employer can rely on to justify refusing a request:

• Burden of additional costs

• Detrimental effect on ability to meet customer demand

• Inability to reorganise work among existing staff

• Inability to recruit extra staff

• Detrimental impact on quality

• Impact on performance may be detrimental

• Insufficiency of work during the periods the employee proposes to work

• Planned structural changes.

The refusal must be accompanied by a sufficient explanation of why the relevant grounds apply. In considering the request, an employer has to follow a set procedure. Employees can bring proceedings against the employer if their request is refused, but there are very limited grounds under the Employment Rights Act to challenge a refusal at an employment tribunal. Proceedings can only be brought under the legislation if the employer has relied on incorrect facts in reaching its decision, or if there has been a breach of the statutory procedure.

As a result, an employee can only challenge a refusal if no grounds have been given for it, or if the reason given is not one of the eight permitted reasons. As the reasons are so broad, it is difficult to imagine an employer being unable to put forward one of the grounds.