Flexible Working Appeal - Question

mrsdumplin

Hi all,

My return to work still hasnt been sorted. I put in my written proposal and request to return on a flexible working pattern, I had a telephone meeting with my boss, had a letter declining my proposal but offering an alternative which is still unworkable.

I submitted my appeal two weeks ago tomorrow but other than an acknowledgement I havent heard anything else,

Am I correct that my employer gets 14 days form recipet of my appeal to organise a a meeting with me or agree my request?

What do I do if they dont contact me by close of business tomorrow? I think I then submit a grievence, but what does that actually do for me?

Any advice welcomed.

Thanks
MrsD

Judas

http://www.nibusinessinfo.co.uk/bdotg/action/detail?site=191&itemId=1081563827&type=RESOURCES

What where the grounds for appeal?
If they do not reply by tomorrow I would take the next stage yes but bear in mind your appeal had to bring new information to light and not simply appeal because you didnt agree with them.

Remember also you have the right for it to be considered only; not a right for it to be granted.

SarEl

Judas wrote: »

http://www.nibusinessinfo.co.uk/bdotg/action/detail?site=191&itemId=1081563827&type=RESOURCES

What where the grounds for appeal?
If they do not reply by tomorrow I would take the next stage yes but bear in mind your appeal had to bring new information to light and not simply appeal because you didnt agree with them.

Remember also you have the right for it to be considered only; not a right for it to be granted.

Actually, since this is not a court, you don't have to have new evidence to bring an appeal - you can simply disagree with the decision. But you can't "appeal" something until it has first been heard anyway - so if the request is declined then you submit a grievance, and then an appeal. As I read what you have said, you haven't put in a grievance yet - you have attempted to resolve this at an informal level.

However, Judas is correct. I hear a lot of people who think that flexible working is their right. It isn't. The employer has to have sound business reasons for declining a request, otherwise it may (big "may" - hard to win cases!) consitutute discrimination - but they do only have to consider it, not agree it. If the employer has come back to you and declined your proposal, but made counter offers, you must be very careful before declining them. Flexible working isn't simply about what works for you - it is about what works for them. They are being reasonable in making alternative suggestions - refuse them without good cause and what you may end up with is no flexible working at all, and no case either.

Googlewhacker

SarEl wrote: »

Actually, since this is not a court, you don't have to have new evidence to bring an appeal - you can simply disagree with the decision. But you can't "appeal" something until it has first been heard anyway - so if the request is declined then you submit a grievance, and then an appeal. As I read what you have said, you haven't put in a grievance yet - you have attempted to resolve this at an informal level.

However, Judas is correct. I hear a lot of people who think that flexible working is their right. It isn't. The employer has to have sound business reasons for declining a request, otherwise it may (big "may" - hard to win cases!) consitutute discrimination - but they do only have to consider it, not agree it. If the employer has come back to you and declined your proposal, but made counter offers, you must be very careful before declining them. Flexible working isn't simply about what works for you - it is about what works for them. They are being reasonable in making alternative suggestions - refuse them without good cause and what you may end up with is no flexible working at all, and no case either.

Not to disagree with you as I bow down to your knowledge on employment law but from the directgov website it states

Flexible working: the outcome of your application

Appealing your employer's decision




You have the right to appeal your employer’s decision. You can do this on a number of grounds, including:

• to bring something to your employer’s attention they may not have been aware of when they rejected your application
• to challenge a fact your employer used in applying their business grounds for rejection

You cannot appeal if you simply disagree with the business grounds for refusing your request.
If you want to appeal, you should tell your employer as soon as possible.

And as it says you cannot appeal if you simply disagree with the business grounds

SarEl

My apologies - that's what happens when you are doing two things at once. I was not referring to the appeal against the decision, but to the grievance - talking at cross purposes! An employee is entitled to bring a grievance and an appeal against a grievance does not (despite one or two employers incorrectly stating this in their policy) have to bring new information - it can simply be "I don't agree with you" (although that seldom works well!).

So I wasn't referring to the appeal against the original decision on flexible working, but my apologies for misreading what was said.