Furloughed, flexible working application

carlene1

Furloughed since March, support worker at a day centre for adults with learning difficulties and challenging behaviour. Business is open but not taken all employees back yet. I'm on esa due to mental health so this is permitted work. I have three children 15yr old with mental health, ptsd and autism who is a school refuse on DLA, 7or old and 11yr old.
Thinking about sep, school no longer has after school club due to covid-19 and have no childcare due to my nan being unable to have my 7year old anymore due to having additional needs she is 78 and cant handle him anymore.
So I requested flexible working with my employer, normally working hours are 9-4 (members leave at 3:30) I requested to he able to leave at 2;30 to be able to collect the children from school. My manager declined my request stating that it would put staff and members in a vulnerable position. However 2 other employees leave at this time for the same reason. I've been with my employer for 3yrs had a brief spell 2yrs ago having 9mths of due to my mental health decline.
So I have no Idea what to do? Obviously I'm still furloughed but it's like they are giving me no option but to have to leave? Do I put my notice in whilst furloughed? Do I challenge their decision? Do I put my notice in after furlough? I have no idea?!
Thing is I love my job but obviously I have to be there for my children to collect from school.
Any advice would be welcome as I've not replied to my employer yet, recieved the letter from them on monday.
Thankyou 

hb2

I'm afraid I don't know the answers to your questions - but my reply will 'bump' your post back to the top of the forum, where it might be seen by one of the very knowledgeable people here.

Jeremy535897

I fear I don't, either, but will offer some pointers.

You say other workers have been allowed to leave work at 2.30pm. It is possible that you can say that you have been discriminated against by virtue of disability. Your entitlement to ESA may inicate this is a possible argument (I do not know), but there is also something called discrimination by association that may be relevant where you have a disabled child. See:
https://www.citizensadvice.org.uk/law-and-courts/discrimination/discrimination-because-of-disability/what-counts-as-disability-discrimination/ which includes:

"It is also disability discrimination:

• to harass you if you are disabled, for example, by making jokes about your disability
• to victimise you if you take legal action because of discrimination against you, or if you help someone else to take legal action because of discrimination
• not to take steps to make sure that disabled people can have access to things like goods, facilities and services, a workplace, an educational establishment, an association, or a public building. This is called making reasonable adjustments
• if someone discriminates against you because of someone you have a connection to who is disabled, such as your partner or child. This is known as discrimination by association

Here is an example of discrimination by association:

An employer disciplines a woman because she has had to take time off to care for her disabled child. He has not disciplined other workers who have had similar amounts of time off work. This would be counted as direct disability discrimination."

Not precisely on all fours with your situation, but similar. Why not call Citizens Advice and discuss it?

As to when to hand your notice in, should you choose to do so, that is up to you. Being on furlough does not stop you. There is a favourable change in the rules on pay for notice coming in from tomorrow that may help, although it may only affect redundancy. See : https://www.gov.uk/government/news/new-law-to-ensure-furloughed-employees-receive-full-redundancy-payments

unforeseen

If others have already had approval to leave at 2:30 then it could well be that having an additional worker off at that time would leave the remaining staff vulnerable. It would therefore be a valid reason to refuse it. 

It is probably not discrimination in any way shape or form but purely a staff safety issue.