appealing against flexible working decision???help

[tricky nicky]

i had the meeting with manager about returning on 30 hours and doing late shifts.
in the initial letter she wrote that she would write to me within 14 dyas of the meeting on her decision and if it was no i could appeal.
well they went over the 14 days and then contacted me by phone with my return to work shifts, i have only got 19hours and they are nearly all earlies
can they do this and what do i do if they cant???
i would be travelling on 2 buses for over an hour for 3 hours work each day!!!!alao the shifts are as such that i would have to put alfie in childcare for the full day, i simply cannot afford to do this

 

[Berniep]

Thats awful, you've got some valid points to appeal.
What is your job?
How many hours did you do before?
Hope you get it sorted x

 

[tricky nicky]

i worked as a house manager for a group of people with learning disabilities that is open 24hours 7days a week
i did 37 and a half hours per week which also included sleep ins
they have demoted me to support worker and i think are being awkward, i feel im being penalised for having a baby!!!

 

[kaylynn040485]

Ive just went through the appeal route and know that if they say no after that then there is pretty much nothing u can do. U do have a case in that they didnt inform u in writing within 14 days so i would contact acas to find out exactly where u stand but my guess is that because they havnt followed the correct procedures then u can kind of back them into a corner and get the hrs u wnt Kx

 

[lozzy21]

What hours are you contracted to?

 

[LankyDoodle]

i worked as a house manager for a group of people with learning disabilities that is open 24hours 7days a week
i did 37 and a half hours per week which also included sleep ins
they have demoted me to support worker and i think are being awkward, i feel im being penalised for having a baby!!!

I think it must be something about these companies that makes them think they are immune from a) meeting their legal responsibilities and b) treating their employees fairly. You have a LEGAL right to return to the job you left when you went on maternity, if the job still exists and you are prepared to work the hours required to fulfil the role.

I work in a similar job but with young people, and my company sound just like yours. My friend's daughter works in a similar company to yours, working with autistic youngsters, and she has been treated fairly poorly. All these jobs are 24 hours shifts (so 8am til 11pm then sleep in and leave at 8am the next day) and the companies seem to be a law unto themselves.

All I can say is fight your legal rights (to return to the job you left), and definitely appeal.

 

[Berniep]

I hope you get it sorted, wish i could help x

 

[tricky nicky]

ive been to cab and they said i have grounds to appeal and also grounds to take them to a work tribunal.
so im going to appeal first and if i get nowhere i will take them to a tribunal.
my final option is to walk out of work and claim constructive dismissal but i need a solicitor first!!!!!

 

[suzanne108]

Just wanted to say good luck, I've had problems with this myself and know how stressful it can be

 

[tricky nicky]

got my appeal meeting next thursday at 1pm
they seem to be playing it by the book this time but ive allready got grounds to take them to a work tribunal so i will wait to see what they can offer me before i act
why do people have to be so awkward its causing me no end of stress and im not well to begin with

 

[indy and lara]

I hope that you get a good outcome from this. I just don't get why some employers are so difficult, especiaaly when like your place they are open 24 hours a day.

 

[tricky nicky]

i had the appeal meeting, she just kept going on about being flexible!!!!! for the last 6 years i have been more than flexible and when i need a bit of help its not there!!!
i hear the results in 7 days, ive told them i may take them to a tribunal and this seemed to shake them a bit, i didnt want to but feel i have no other option.not having a great time at the moment to be honest

 

[suzanne108]

Keep us updated, good luck

 

[tricky nicky]

well they chose not to bother getting in touch with me
went to a solicitor and she said allthough i have a good case it would cost me more than i would recieve in compensation
im taking them to a tribunal because they havnt told me they were having a tupe takeover.
i was told by solicitor to ask for my old job back and see what they say then look for summat else and perhaps go on sick with stress

 

[kaylynn040485]

If i were u i would go to cab instead of a soliciter as u would be entitled to legal aid im sure being on mat leave. With them not informing u again within the 7 days they have pretty much screwed themselves. Good luck Kx

 

[tricky nicky]

well ive got a new job working at the local hospital
so they can go and **** off