Part time hours refused as too many existing part timers

Star999

I've had my request declined as apparently there are too many part timers.
So although me doing the requested hours will not cause any issue to rhe business, my employer just cannot add another part timer.

Is this a valid reason to reject application?

Takeaway_Addict

Employers can only reject an application for one of the following reasons:

• extra costs which will damage the business
• the business won’t be able to meet customer demand
• the work can’t be reorganised among other staff
• people can’t be recruited to do the work
• flexible working will have an effect on quality and performance
• there’s a lack of work to do during the proposed working times
• the business is planning changes to the workforce

Number 3,4 and possibly 5 I guess would be their view. Remember that because others have been allowed doesn't mean you will be guaranteed

As I think I mentioned the only way you can find out whether they are talking rubbish or not is to goto a tribunal

Star999

Is it better to get ACAS to arbitrate or go to a tribunal?

Takeaway_Addict

Acas can try to mediate but I'm not sure they will until a tribunal will start, someone else will have better knowledge on this but of course the employer is under no obligation to talk to them.

It does cost to raise a tribunal claim now and I think but not sure that the tribunal cannot actually force the company to change, they will get teh company to pay compensation if you are successful.

Takeaway_Addict

I think you either have to accept the change isn't going to happen and search for jobs that allow the flexibility you want or look at paying some money for some proper advice.

If you have house insurance you may have legal cover on that so it might be worth enquiring.

Southend1

Is there anyone currently working part time who wants more hours?

Galaxy1987

I really dnt think you will get very far with a tribunal as there is not law breached.

You asked, they said no. End of unfortunately.

It is only a request which you have the right to, not them agreeing to it should they have business reason.

Star999

Jayt1987 wrote: »

I really dnt think you will get very far with a tribunal as there is not law breached.

You asked, they said no. End of unfortunately.

It is only a request which you have the right to, not them agreeing to it should they have business reason.

Is it not discrimination to have such a policy in place where they allow say a maximum of 5 part time employees?

Southend1

Star999 wrote: »

Is it not discrimination to have such a policy in place where they allow say a maximum of 5 part time employees?

There's no law against discrimination on the basis of being the sixth person to request part time hours.

notanewuser

Previous thread.

https://forums.moneysavingexpert.com/discussion/4772684

RichardD1970

Takeaway_Addict wrote: »

Employers can only reject an application for one of the following reasons:

• extra costs which will damage the business
• the business won’t be able to meet customer demand
• the work can’t be reorganised among other staff
• people can’t be recruited to do the work
• flexible working will have an effect on quality and performance
• there’s a lack of work to do during the proposed working times
• the business is planning changes to the workforce

Number 3,4 and possibly 5 I guess would be their view. Remember that because others have been allowed doesn't mean you will be guaranteed

As I think I mentioned the only way you can find out whether they are talking rubbish or not is to goto a tribunal

And number 1.

It costs more to employ 2 part time people doing 20 hrs each than 1 full time doing 40hrs.