Flexible working decision

Golden_Glow90

I applied for part time hours following maternity leave. I applied for 3 days a week but I was asked if I’d consider 2 or 4 days too and I said yes, I’d accept any of those. They accepted my part time request but still have t told me how many days it’ll be. It’s been 5 weeks since my request was accepted and more than 3 months ago now since I put in the request. Does the 3 month timeframe stand even though they’ve accepted but not told me on what grounds? I need to arrange childcare and nursery places in my area are filling up quickly 

Savvy_Sue

I don't know, but have you asked them when the decision will be made? When are you due to finish your maternity leave? 

Golden_Glow90

Savvy_Sue said:

I don't know, but have you asked them when the decision will be made? When are you due to finish your maternity leave? 

Yes I’ve asked a few times now and I just keep getting told that they’ll let me know as soon as they’ve worked it out. I’m due to start back at the beginning of July so I really need to sort out nursery as I don’t have anyone who can look after my baby while I work

Undervalued

Golden_Glow90 said:

I applied for part time hours following maternity leave. I applied for 3 days a week but I was asked if I’d consider 2 or 4 days too and I said yes, I’d accept any of those. They accepted my part time request but still have t told me how many days it’ll be. It’s been 5 weeks since my request was accepted and more than 3 months ago now since I put in the request. Does the 3 month timeframe stand even though they’ve accepted but not told me on what grounds? I need to arrange childcare and nursery places in my area are filling up quickly 

I am not clear in what way they have "accepted" your part time request? Have they specifically formally told you they will allow you to drop to one of 2, 3 or 4 days but are just delaying saying which? Or does the option of declining part time working still remain if they decide that none of the 2, 3 or 4 days options suits their needs?

Although an employer must properly consider a flexible working request it is not that difficult to find lawful reasons to decline. Such decision can sometimes be successfully challenged but it is not always easy.

Golden_Glow90

Undervalued said:

IGolden_Glow90 said:

I applied for part time hours following maternity leave. I applied for 3 days a week but I was asked if I’d consider 2 or 4 days too and I said yes, I’d accept any of those. They accepted my part time request but still have t told me how many days it’ll be. It’s been 5 weeks since my request was accepted and more than 3 months ago now since I put in the request. Does the 3 month timeframe stand even though they’ve accepted but not told me on what grounds? I need to arrange childcare and nursery places in my area are filling up quickly 

I am not clear in what way they have "accepted" your part time request? Have they specifically formally told you they will allow you to drop to one of 2, 3 or 4 days but are just delaying saying which? Or does the option of declining part time working still remain if they decide that none of the 2, 3 or 4 days options suits their needs?

Although an employer must properly consider a flexible working request it is not that difficult to find lawful reasons to decline. Such decision can sometimes be successfully challenged but it is not always easy.

I had a request declined a couple of years ago so I know the process. I had an email to say that reducing my hours to part time was a definite but they needed to decide how many days. I don’t believe they can decline at all now as our policy states that a decision must be made within 14 days of a meetings (which we had in March). Plus the 3 month time has elapsed now so if they were to refuse part time now, they would be non-compliant by not sticking to the timescale so I’m confident that it will be part time but I’m just wondering how long they can delay telling me how many days I’ll be working as I can’t find any clear information. The specific days change year on year so I know they don’t have to tell me that but surely part of accepting my request would be to tell me how many days I’ll be working. I’ve contacted my union for advice but they can’t tell me if it’s right or not either

Undervalued

Golden_Glow90 said:

Undervalued said:

IGolden_Glow90 said:

I applied for part time hours following maternity leave. I applied for 3 days a week but I was asked if I’d consider 2 or 4 days too and I said yes, I’d accept any of those. They accepted my part time request but still have t told me how many days it’ll be. It’s been 5 weeks since my request was accepted and more than 3 months ago now since I put in the request. Does the 3 month timeframe stand even though they’ve accepted but not told me on what grounds? I need to arrange childcare and nursery places in my area are filling up quickly 

I am not clear in what way they have "accepted" your part time request? Have they specifically formally told you they will allow you to drop to one of 2, 3 or 4 days but are just delaying saying which? Or does the option of declining part time working still remain if they decide that none of the 2, 3 or 4 days options suits their needs?

Although an employer must properly consider a flexible working request it is not that difficult to find lawful reasons to decline. Such decision can sometimes be successfully challenged but it is not always easy.

I had a request declined a couple of years ago so I know the process. I had an email to say that reducing my hours to part time was a definite but they needed to decide how many days. I don’t believe they can decline at all now as our policy states that a decision must be made within 14 days of a meetings (which we had in March). Plus the 3 month time has elapsed now so if they were to refuse part time now, they would be non-compliant by not sticking to the timescale so I’m confident that it will be part time but I’m just wondering how long they can delay telling me how many days I’ll be working as I can’t find any clear information. The specific days change year on year so I know they don’t have to tell me that but surely part of accepting my request would be to tell me how many days I’ll be working. I’ve contacted my union for advice but they can’t tell me if it’s right or not either

It is a slightly odd situation I agree. However I am not sure the fact that they haven't complied with an internal policy really gets you very far.

So, arguably they have agreed to some reduction from full time but there is a big difference between two days and four. However you have told them that either of those extremes is acceptable to you (and presumably anywhere in-between)?  I am not aware of a specific legal requirement to give you a particular length of notice as to how many days per week, although I can understand the difficulty that causes you.

I am not sure you can do much beyond continuing to gently press them for a decision. Pushing too hard could be counterproductive. As you know it is fairly easy to refuse these types of arrangements and even if they can't totally go back on their apparent agreement (and I would be 100% confident of that) they could easily come up with your very least preferred choice.