Anyone been refused their flexible working hours request?

Pandora83

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As the title says really.... they don't mind me reducing hours but want me to come in a few hours every day rather than two full days which will mean i will be effectively paying to go to work after childcare and travel taken inyo account. If i don't go back though i have to pay my maternity pay back. I used to work full time so don't understand why they don't just get a second member of staff for the other 3 days. Have no idea where I stand on this, anyone had/having the same problem?
 
go to see sb at your local CAB or law centre! they can refuse but must justify on certain grounds etc appeal but get some proper help with the appeal so u get a proper shot at it! xx
 
Thank you, that's very good advice... hadn't thought of CAB!
 
Our policy says that they can only refuse if it affects the running of the business and you have the right to appeal their decision I would assume that would be the same for every business but you may need to check your policy xx
 
the grounds for refusal of flexible working requests are not based on individual employers' policy, it is enshrined in the legislation.
x
 
Thanks for your replies... from what you are saying I just don't see how he'll justify but he's done it to someone else before and got away with it and she appealed. I'm soooo angry! Don't even want to go back there as I hate it but certainly can't afford to pay my mat leave back if I don't go back!
 
I was refused my request for 3 days.
I was a team leader and wanted to go back in the same role but they said it's a role that needs to be covered a min of 25 hours a week over 4 days.
I only want to do 3.
I appealed but I knew they would still say no as I know other senior staff that have had the same and they have all had to go back 4 days.

I have stepped down from my role and taken another position in the office that I can do 3 days.
Its actually worked out ok though, I actually like being able to finish on time and say not my problem when there's an issue at 5.30 where as in my Team Leader role I would have been expected to stay and sort it before I finished.
I do miss the old job but my priortys have changed and my family is more important to me now.
 
What would have happened if stepping down wasn't an option? Would it be a case of like it or lump it?
 
To your original question... yes me :) Normal hours 9am to 5pm with a half hour lunch break, 5 days per week. Ages and ages ago now I requested part time hours, preferably 3 days a week but I made myself as flexible as possible in being able to start/finish early or late, and even to suggest if 3 days not possible then maybe 4? But the answer has basically been no.

I am a little annoyed because I feel they did not reasonably give me the 'chance' to put my case forward as per details on the direct.gov website. The reason for this being that 4 weeks prior to my starting maternity leave I took on a different role which they said was to 'ease the pressure on me being pregnant and tired etc.' Also at this time my workload had dropped significantly. Not the exact words but along similar lines and you get the gist. It was never really made clear whether this new job was being designed for me (it was a new role created to ease workload off others), whether it was a temporary thing or what. Sounds silly but at the time I was so focused on preparing for lo's arrival I didn't think to ask, guess I though it would be sorted anyway nearer the time I was due back.

Anyway so a few weeks ago I rang my boss and asked if I could pop in for a chat and STUPIDLY I mentioned about possibly going part time. Well the meeting was arranged but the next day after he had obviously spoken to his manager, he basically said I would need to put my request in writing and only after that would they arrange a meeting with me, and this was the way they do it as part of company policy. So I said yes, of course I'd be happy to write a letter, but I was upfront about it and explained that as per the direct.gov website I need to explain my 'case' and justify my reasons and outline how it could benefit the business etc. But I questioned my boss and said this would be difficult for me to do because I really wasn't sure exactly what role was expected of me (because of the change in role prior to mat. leave) and therefore wouldn't be able to put a clear justification together anyway?! My managers response was quite cagey and he just said 'but the request is for your own personal reasons i.e. childcare so you need to put this in the letter' and then he just kept repeating himself telling me to put it all in writing. Not one for confrontation (albeit verbally) I agreed and duly wrote the letter and posted it a few days later.

Anyway cutting the rest of the story short we met 3 weeks ago, in response to my letter, where we had a formal 'chat' in an informal way, and they said the standard that they had considered my request and looked at ways the company could change to adapt to my request blah blah blah but sorry no, you need to come back to what was your original role with no flexibility on starting/finishing hours (something else I asked for if full time the only option). So that's it, end of, get over it, move on, no matter that your childcare fees will be £200 more a month than your take home pay, stick it!!! Sorry my rant is over now!!

I just feel that I've wasted weeks on end worrying about what they will say and I think they are doing everything to cover their backs legally but have they really done everything properly? I'm not sure and they have now written confirming their decision to reject my request, giving me 14 days in which to appeal. Is appealing really neccessary? DH thinks I should just go back full time and see how it goes which on the surface of it all I am 'totally fine' with but deep down I really am not, as you can probably tell! I'm so upset by the whole thing but I don"t think DH really understands, yet I need his support. Really not sure where I stand legally but my gut feeling is that I need to 'put up and shut up ' :-(

Thanks so much for this thread and terribly sorry for the very long post! Sorry I just ranted and didn't actually offer any advice :-( Xx
 
Yep, and now I'm a SAHM with a whacking great bill to pay back my extra maternity pay too.

I requested 3 days, but the team I worked on had a restructure whilst I was on ML and had shed two staff members. My flexible working request was turned down on the grounds that, because of the staff reduction, the team were now working to full capacity and could not accommodate any part-time workers. They can do it, so beware. Fingers crossed things go better for you.

:flower:
 
Rachy...that's awful, I'm shocked people are actually getting away with treating people this way. Piggywinkle....I'm so scared now don't know what I'm going to do! How does it work paying mat leave back?
 
Rachy...that's awful, I'm shocked people are actually getting away with treating people this way. Piggywinkle....I'm so scared now don't know what I'm going to do! How does it work paying mat leave back?

Your SMP is fine so don't worry about that. However, my company offered extra maternity pay on the condition that I return for 12 weeks (which was the original plan). Now I've handed in my notice as I couldn't come back full time like they wanted, they've said that any monies owing to me for any holidays etc. will be taken back by them and I'll be invoiced for the rest. They're ready to accept instalments but little do they know that I can't afford to pay anything significant back. I've spoken to the CCCS and they advised me to write in and offer a token payment of £1.00 per month. Can't see that they're gonna be happy with it, but they'll have to accept it until I've got some money coming in.
 
Rachy...that's awful, I'm shocked people are actually getting away with treating people this way. Piggywinkle....I'm so scared now don't know what I'm going to do! How does it work paying mat leave back?

Your SMP is fine so don't worry about that. However, my company offered extra maternity pay on the condition that I return for 12 weeks (which was the original plan). Now I've handed in my notice as I couldn't come back full time like they wanted, they've said that any monies owing to me for any holidays etc. will be taken back by them and I'll be invoiced for the rest. They're ready to accept instalments but little do they know that I can't afford to pay anything significant back. I've spoken to the CCCS and they advised me to write in and offer a token payment of £1.00 per month. Can't see that they're gonna be happy with it, but they'll have to accept it until I've got some money coming in.

That's the same as me, it would be a few thousand pounds to pay back. So it doesn't have to be a lump sum then? Who's the CCCS?
 
What would have happened if stepping down wasn't an option? Would it be a case of like it or lump it?

If stepping down hadn't been an option I think it would have been tuff, take it or leave it.
I'm lucky though, I work at Thomas Cook head office so if my department couldn't accommodate me they would help me find part time hours in another department. (lucky I can get a part time job back quite easily but the mat pay was crap so I wouldn't have much to pay back if I left!)
 
They can only reject your request on business grounds which must fall under the following:

burden of additional costs
detrimental effect on ability to meet customer demand
inability to reorganise work among existing staff
inability to recruit additional staff
detrimental impact on quality
detrimental impact on performance
insufficiency of work during the periods the employee proposes to work
planned structural changes

So yes they can reject and your only recourse after appeal is a tribunal. In any appeal or initial request letters I would explain the benefit to yourself and the business. But really unless they fail to follow procedure set by legislation you are screwed.. sorry.
 
What would have happened if stepping down wasn't an option? Would it be a case of like it or lump it?

Could it be constructive dismissal if they are offering you work they know is unrealistic/harder for you to get the childcare for?
 
They can only reject your request on business grounds which must fall under the following:

burden of additional costs
detrimental effect on ability to meet customer demand
inability to reorganise work among existing staff
inability to recruit additional staff
detrimental impact on quality
detrimental impact on performance
insufficiency of work during the periods the employee proposes to work
planned structural changes

So yes they can reject and your only recourse after appeal is a tribunal. In any appeal or initial request letters I would explain the benefit to yourself and the business. But really unless they fail to follow procedure set by legislation you are screwed.. sorry.

See I don't see how it falls into any of those categories, but who can stop them doing it anyway!?
 
i haven't been refused it technically but i work in a school and my head teacher said i could do 3 days until the summer holidays and then she'd discuss my contract for september in line with everybody else's in a couple of months which i was really pleased about. I've now been told that due to the budget i have to accept 2 days or if i want to fight it i know they will turn around and say i have to return on my original contract which is full time which i now don't have child care for. To be honest the whole thing has completely stressed me out and ruined what should be the end of my maternity leave. I'm not the sort of person who would bring in unions etc - i dont mean this in a petty way - but i'd rather just look for a new job which i know i'm lucky given my career choice. I just really wish employers would be more understanding when it comes to this type of thing, why drag somebody back doing more hours than they want just for the sake of it - are you really going to give that job your all when you'd rather be at home with your child more, they're shooting themselves in the foot in my opinion.
 
i haven't been refused it technically but i work in a school and my head teacher said i could do 3 days until the summer holidays and then she'd discuss my contract for september in line with everybody else's in a couple of months which i was really pleased about. I've now been told that due to the budget i have to accept 2 days or if i want to fight it i know they will turn around and say i have to return on my original contract which is full time which i now don't have child care for. To be honest the whole thing has completely stressed me out and ruined what should be the end of my maternity leave. I'm not the sort of person who would bring in unions etc - i dont mean this in a petty way - but i'd rather just look for a new job which i know i'm lucky given my career choice. I just really wish employers would be more understanding when it comes to this type of thing, why drag somebody back doing more hours than they want just for the sake of it - are you really going to give that job your all when you'd rather be at home with your child more, they're shooting themselves in the foot in my opinion.

You're absolutely right, they are stupid. If they force me into iritis hardly like I'm going to go out of my way to work hard for them and as soon as I've done my 3 months I'll be out of there!! It's ruining the last part of my mat leave too, it's so stressful 😞
 

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