Flexi Working

[Loubluelou]

Hi all! I have a question regarding employment law, hopefully someone has some experience

[TonyV]

Lou are you asking about flexi hours or a zero hours contract?

[fiction-factory]

Tell us your question and we'll try to help

[Loubluelou]

Sorry, I haven’t made myself clear! I am asking for flexible working to accommodate my childcare. I currently start at either 6 or 7am, I have asked to move that to 8am. I also work 4 weekdays, and 1 weekend day per week. I have asked to make it 3 weekdays and 2 weekend days to cut costs for me. Both requests were denied. I guess my question would be does anyone think I have grounds for an appeal? I don’t think I’ve asked unreasonable requests. The reason I was given is that they don’t have enough staff to accommodate me starting at 8am instead of 6 or 7, but they’ve managed it fine for the last 7 months. Thank you

[wolf63]

I worked flexi hours -

start any time between 0730 to 0930
lunch between 1200 to 1400
home from 1530 to 1900
a days work counted as 7 hours and 24 minutes

but it was an office environment and somebody had to be there between about 0800 to 1700. This was where the wars usually began.

[fiction-factory]

Do you mean they managed it fine while you were on maternity leave? Are you able to show that they managed without any issues such as extra costs, or service shortfalls or other staff being unhappy about having to cover from 6-8 am?

[bednobs]

the law only gives you the right to ask, it doesn't say the workplace is mandated to agree to it.

[Loubluelou]

Yes, I didn’t have any kind of maternity cover. I have kept in contact with my co workers throughout my maternity who have all said it would make no difference if I start at 6 or at 8 (we’re in a rural village, it doesn’t really come alive before 8 anyway!) But, I have no physical proof of this, just the work of my co-workers.

[fiction-factory]

Are you able to get sufficient colleagues to write a note confirming that they will be happy to ensure they provide the required cover between 6 and 8 am on an ongoing basis?

[TonyV]

Lou to be honest I don't think you can pick and choose the hours that are convenient for you to work, It really depends on what your contract of employment says.

[Maydup]

The employer can refuse your request, but is obliged to give the business reasons for the refusal. Make sure your request was made in writing, was polite and non threatening and ask for their reply in writing with reasons why not.

Here is a list of acceptable reasons for refusal.

Employers can reject an application for any of the following reasons:

extra costs that will damage the business
the work cannot be reorganised among other staff
people cannot be recruited to do the work
flexible working will affect quality and performance
the business will not be able to meet customer demand
there’s a lack of work to do during the proposed working times
the business is planning changes to the workforce

Its difficult as there is no right of appeal really, only possible alternative is an employment tribunal which is serious business. Try to ask them as nicely as possible to reconsider and see if you can reach a compromise maybe?

[woofgang]

I believe that employment law says that employers have to consider requests but do not have to agree to them or give any reason why they agree or refuse. Who are you thinking you would appeal to? The other thing to consider is that you say you work in a village. Is work easy to find? because law or not, its never a good move to cheese off your employer.