employment contracts

[katkin]

Thought I had posted this but seems to have disappeared! I work for a Portage service on 52 week contract. I asked at my last PDR review for a term time contract due to childcare costs/problems. Was told this was a no go. A colleague handed in her notice due to the same problems and has had her contract renegociated (we work for a LEA) can I now legally ask for the same contract - is this discrimination if I don't get it? Pleased my colleague is staying but absolutely livid at my manager ( who couldn't manage to find her way out of a paper bag!)

[bednobs]

no. You have a right to ask, but not a right to have your request accepted. perhaps when you asked there wasn't the facility, but when she negotiated there was

[bananie]

In terms of S. 47e of the Employment Rights Act 1996 (amended by the Employment Act 2002 Part 8) an employer may refuse a request for flexible working hours where certain grounds are met - for example that the compliance with the employees request would confer unreasonable additional costs on him, would have a detrimental affect on the ability to meet business needs, and would have a detrimental effect on the quality of work and performance of that work.

[katkin]

Thanks for your help. I have had a chat with my manager and it seems that whist county are not willing to change my contract to a term time one they are willing to consider flexible working. So if I can squish more work into the term time weeks i will be able to take more time off in school holidays. So I think county will use our service as a pilot. I can't see that the families i suport will miss out terribly as i get 6 weeks annual leave at the moment and normally reckon to take time off in lieu to an amount of 2-3 weeks in total , just the 6 weeks in the summer so I may have to work 1 week in the middle perhaps.
Just need to get something in writing now as the contract won't change but perhaps an addendum to allow flexible working. Does this sound right?