Advice on tribunal and flexible hours requirement
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Bear in mind that your childcare arrangements are no concern of your employer, and they do not have to consider any difficulties you have in this area.Signature removed for peace of mind0
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satmanuk44 wrote: »They are stating for the requests that were made for flexible working they have always refused. I dispute that they have every rejected them. Which is shown, after asking for these changes I have worked the agreed hours of employment. If this was not the case I would not have had my shifts changed.
So are you saying that every request you have made for flexible working has complied with the company's policy to be in writing, setting out what you want and how the business can facilitate this? And the company has arranged a meeting to discuss with you within the deadline? Ands they have replied in writing setting out their response and giving a business reason? And you have appealed following the company's policy? etc etc... This is the formal process. You suggest above that the changes have been made verbally. There is a big difference between the two. A company can change things informally under a flexible contract on a temporary basis as agreed with you - this is not a formal Flexible Working Request.
You seem to be suggesting that you have asked for changes and they have agreed. Now that they are asking, you are not agreeing. A flexible working arrangement works both ways.
So, why do they need what they need? Do you understand what has changed in he business that they need you to work these hours? Have you proposed any solutions - offered a compromise?I have been trying to resolve this for 6 months, and have already started the tribunal process due to time limits set out by the tribunal service. I'm not saying I refuse to work the hours they are requesting to be awkward. It's simply childcare which is the reason I can not do this. Childcare cost for the afternoon /evening would be crica £130 for the same period I get paid £80. So I would loose crica £100 pw.
The employer has given me no alternatives, its their way or I face disciplinary.0 -
So are you saying that every request you have made for flexible working has complied with the company's policy to be in writing, setting out what you want and how the business can facilitate this? And the company has arranged a meeting to discuss with you within the deadline? Ands they have replied in writing setting out their response and giving a business reason? And you have appealed following the company's policy? etc etc... This is the formal process. You suggest above that the changes have been made verbally. There is a big difference between the two. A company can change things informally under a flexible contract on a temporary basis as agreed with you - this is not a formal Flexible Working Request.
You seem to be suggesting that you have asked for changes and they have agreed. Now that they are asking, you are not agreeing. A flexible working arrangement works both ways.
So, why do they need what they need? Do you understand what has changed in he business that they need you to work these hours? Have you proposed any solutions - offered a compromise?
Without going into too much detail you are wrong on many levels. A flexible working arrangement is a permanent change to your contract if both agree. So any change to this would also require agreement by both parties. A request does not go both way its agreed upon and set in stone.0 -
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satmanuk44 wrote: »It's called indirect sex discrimination, and is covered in law by The Equality Act 2010
How is it sex discrimination, direct or indirect? Either parent could request flexible working for childcare and either parent could be refused.0 -
Not to mention that anyone could ask for flexible working for other reasons, eg caring for an aged parent - but I'm not even sure that the reasons have to be given!How is it sex discrimination, direct or indirect? Either parent could request flexible working for childcare and either parent could be refused.Signature removed for peace of mind0 -
satmanuk44 wrote: »Without going into too much detail you are wrong on many levels. A flexible working arrangement is a permanent change to your contract if both agree. So any change to this would also require agreement by both parties. A request does not go both way its agreed upon and set in stone.
Please go into the many levels - I am always keen to learn and understand where I have gone wrong. My understanding was that parties can agree flexible changes informally, or they can do it formally using the process set out in law. If they do it using the process set out by law, then I agree that whatever is agreed is then set in stone.
Your employer seems to be suggesting that your changes have been agreed informally - your contract states you have a flexible arrangement and it appears your employer has been agreeing changes with you on this basis.
This is different to a Flexible Working Request under the legislation. I have asked whether you went through the stages required by the law - for example, did you make your request in writing setting out:- The date of the application, the change to working conditions you are seeking and when you would like the change to come into effect.
- What effect you think the requested change would have on the employer and how, in your opinion, any such effect might be dealt with.
- That this is a statutory request and if you have made previous requests, on what date/s.
I am genuinely trying to help but I think there is somehow a breakdown in communication between us.0
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