Flexible working problems help please?

louisehj

Hi, I was due to return from maternity leave in july 06. In may 06 I went into work and asked my manager to put through a change of hours request for me as I was applying under my right to ask to work flexibly. She took everything down on paper as she said she was busy and would fill the form in later and email it off.

Few weeks later they said no, I said I cannot do the hours I did before (3 nights a week til 8pm) as DH works 6-2 2-10 shifts alternate weeks and no childcare when he is working til 10pm. My husband is on an annualised hours contract so he may be asked tostay a bit late and have some time off later on that week IYSWIM. Anyway, they agreed 3 months change and my manager told me at the end we would sit down and see if anything had changed if not my hours would be extended.

Oct 06, 2 wks before my 3 months agreement ends I ask my manager, she says you will go back on your 3 nights a week. I said I cant, she says the 3 months was a goodwill period for you to find childcare! I went to the union who were very good. I got a copy of the form my manager had filled in back in may, it wasnt even the correct form, it was a form for anybody changing their hours! My union gave me another form to fill in, this time my MIL agreed she would have my son 1 evening a week when DH on til 10 but this is gonna be stressfull for her as she works FT and has an elderly mother to care for. I included this in my new form I filled in.

The new application in oct 06 again got refused, the union got involved again and basically since then my hours keep getting extended by 4 wks a time. In dec union had a meeting with my 2nd line manager and agreed form would be resubmitted and if it was refused again then the union would be lodging a grievance. I think the reasons are that my employer didnt set up a meeting for me to discuss my application at any time before it was refused, when it was refused they didnt inform me of my right of appeal. Without the union and t'internet I wouldnt have know of this! Also when my application was first rejected but given 3 months my managers advice was to a) Resign now, b) come back look for another job and leave at end of 3 months or c) just do as I am told! She told this to a union rep when he asked her what advice she gave me.

I am so stressed, this has been ongoing now for 6 months. On my last applicatoin I included I could so saturdays pm from march because my DH has managed to stopp working saturdays from then so that would be 2 nights a week but dont know if they will even accept this. I work in a major telecommunications company. In my building alone there at at least 500 people who do my job and there are many other sites in uk with at least this number. Any advice would be much appreciated. I dread going into work. Thanks

Louise

hapyjo534

Louise

This smacks of indirect discrimination. Has your employer given you a reason why they have refused your application for flexible working? They are not allowed to refuse a request unless they have a valid reason for doing so.

I found below on Equal Opportunities Commission website in relation to flexible working hours:-

When is indirect discrimination unlawful?
Indirect sex and marital discrimination is only unlawful in the circumstances specified by the SDA. These are as follows:

recruitment - for example, if an employer advertises a job as being full-time only, a woman could argue that the refusal to consider her request to work part-time was indirect sex or marital discrimination. It would then be for the employer to justify the refusal;

promotion, transfer or training - this would cover the refusal of promotion because the worker is working part-time or other flexible working. See Neary Case No. 5300122/2000 where there was an unwritten/unspoken policy and practice whereby an employee had to work full time to be considered for promotion;

dismissal - this includes dismissal (including redundancy) of a worker by the employer where, for example, the worker is unable to work the required overtime or rotating shifts. It also covers constructive dismissal where a worker resigns in circumstances in which she is entitled to do so because her request for family friendly hours is refused (see Is there an unfair dismissal claim?).

denial of benefits, facilities or services including those provided by others

suffering a detriment - being forced to work long hours or overtime or rotating shifts or being treated less favourably because of an inability to work these hours will be a detriment.

In practice it is hard to envisage an employment situation which will not fall within one of the above.

It sounds like your situation falls into suffering a detriment. Firstly obtain in writing the reason why they have refused the request for flexible working. As far as I am aware, they cannot just say resign now, come back and look for another job, or just do as you are told unless they have a valid reason. No valid reason means they are breaking the law, and even if they provide you with a valid reason in their eyes, if this reason does not seem valid to you you can take them to employment tribunal on the grounds of discrimination.

Has your union rep advised you of any of this?