Employment rights.

amistupid

About two months ago, after taking seven months maternity leave, my daughter returned to exactly the same full time job. Prior to this spell of maternity leave she'd been working for the company for about 2 years.

As a working mum with a nine month old baby does she have any employment rights to work slightly different or flexible hours.

She currently works Mon-Fri, 8.00 am to 5.30 pm with an hour off for lunch and two 15 minute breaks.

She wanted to work part-time but was refused. She'd like to have one day off a week or finish work each day at 5 pm.

Can anyone advise, or direct me to relevant legislation.

pandora205

ACAS have a useful leaflet on the topic:
http://www.acas.org.uk/media/pdf/o/0/Right-to-apply-for-flexible-working-a-short-guide.pdf

elsien

She has the right to make the request, and the employer can turn it down if there are good business reasons. So she would help her case if she can demonstrate how the impact on the business will be mitigated. Some of that will depend on her specific job role.
So for example, if her work can be done at slightly different times, she could ask to take a shorter lunch break or forego the other breaks and finish at 5. However if she works on reception and customers are coming in till 5.30 and there's no one else to cover, this isn't going to be doable for the employer.
Working one day less a week is effectively part time so unless she makes the hours up elsewhere, they've already said no to that one. Unless she can come up with a workable suggestion for other ways they can manage the workload, eg someone else who is willing to cover for her/job share.
She is also only entitled to make one formal flexible working request in 12 months so it's important to get it right. Check out the gov.uk website for full details.

Takeaway_Addict

If the employer still says no OP the only way she could possibly get any success (and this does not guarantee flexible working ) is through a tribunal which can cost up to £1200 which I suspect she won't bother with so if they still say no then its time to look for another job.

Savvy_Sue

Did she make a formal request? If she did then she can't make another until 12 months are up.

specialboy

Can she ask her employer if its possible for her to forgoe her dinner break and leave at 4.30pm?

amistupid

Savvy_Sue wrote: »

Did she make a formal request? If she did then she can't make another until 12 months are up.

Apparently she asked verbally to finish at 5 pm each day and only have half an hours dinner break, but this was declined. There has been no formal written request.

iammumtoone

specialboy wrote: »

Can she ask her employer if its possible for her to forgoe her dinner break and leave at 4.30pm?

This would not be allowed there are legal requirements on the amount of time you can work before you have to take a break. I believe a 30min lunch break and no other breaks would be acceptable in that time frame.

ohreally

iammumtoone wrote: »

This would not be allowed there are legal requirements on the amount of time you can work before you have to take a break

Sure about that?

iammumtoone

ohreally wrote: »

Sure about that?

Yes unless things have changed since I left my old job 6 years ago. I asked the same question, wanted to not have a lunch break and leave early was told that I had to take a lunch break as it was the law you can only work so many hours then have to have a break.

PS now off to goggle as it is possible my ex employer lied to me

EDIT: to be honest I can't find anything that says you have to take a break, just loads of information about the fact you have a right to take a break. I am fairly sure my employer would have allowed me to not have a break if it was allowed.

Savvy_Sue

amistupid wrote: »

Apparently she asked verbally to finish at 5 pm each day and only have half an hours dinner break, but this was declined. There has been no formal written request.

Then she needs to look at the links given above by pandora, and the details in elsien's post, and she can put in a formal written request for flexible working. However, she needs to set out how that's going to work for the business and everyone else. For example, if there's Fred who's part-time who'd like more hours and is in agreement, then make a case for giving a day to Fred. Or if lunchtime is always busy but the last half hour is quiet, then make that case. While she's at it she could put in for a four day week.

BUT the business can decline for business reasons, so if she fails to address how her absence won't be missed, then the answer will be no again.

We've said 'no' to someone who asked to come back part-time after m/l because we need her role filled on a f/t basis and it wouldn't suit a job-share. We've got two others currently on m/l who may ask to vary their hours, and we're more likely to say 'yes' because they'll make a case, and their jobs can be shared.