Flexible working agreed and now withdrawn

(14 Posts)
flowery Mon 06-May-13 09:01:58

Obviously they can't refuse a request without having gone through a proper procedure, which they have not. But in your case your request has already been agreed, and you've had confirmation of a variation to your terms and conditions. I would be fairly strong on that.

MadWestie Sun 05-May-13 13:47:47

Thanks for all your advice both.
Flowery - that's my husbands view too...

flowery Sun 05-May-13 10:35:22

I would be inclined to place more emphasis on the fact that you have written confirmation of agreement to your request to vary your contractual hours. There is no difference between a letter and an email in this respect.

Champagnebubble Sun 05-May-13 00:27:10

I would also ask why you have never had a meeting to discuss - cite the directgov/ACAS websites to HR - they will know what they are! You have also not had a reason why the request has been declined it seems (there are only a few specific things that can be cited). Tell HR that you feel a proper process has not been held as it was initially agreed and ask for the process to be re-held. If not, you can tell them you will appeal on the grounds that your request has not been been managed properly, was agreed, then declined and that they haven't followed process.

Good luck!

MadWestie Sat 04-May-13 21:08:41

All my requests have all been done via email unfortunately. I really wish I had written a letter instead now! :-(

They just said it wouldn't fit with they way they run the department and couldn't juggle my work on the days I'm not there. To make it work they would have to significantly change the way the team works at my level and they can't/don't want to do that.

I think my old boss was keen to make it work and my new boss is less so. Nothing has changed as far as I can establish.

I am seeing HR next week to in there words 'discuss options' and the topic of 'what's changed' is a good angle, thank you.

Champagnebubble Sat 04-May-13 21:02:41

This is the process your employer should have followed:
https://www.gov.uk/flexible-working/making-a-statutory-application

Champagnebubble Sat 04-May-13 21:00:56

Also....did they hold a meeting with you? Or just do it via email?!!!

Champagnebubble Sat 04-May-13 20:58:38

Ok. Was the second request done via a formal flexible working request? Did they say why the business can't support 3 days a week in your current role?

Your next step would be an appeal to their decision.

I'm asking these questions as your old boss must have had a reason to accept it - so you need to understand what has changed between this and the decline. Secondly, it would be useful to know the reasons for declining as you may be able to counter these (potentially).

MadWestie Sat 04-May-13 20:56:58

Not back at work yet so no, not started p/t hrs.

MadWestie Sat 04-May-13 20:56:11

Just seen your last post, I still have the emails outlining my request and the subsequent ok.

MadWestie Sat 04-May-13 20:55:15

Hi,
The initial agreement was only via email and not a formal letter. They have since said that the business can not support 3 days a week in my current role.
Thanks for any advice

Champagnebubble Sat 04-May-13 20:53:34

Sorry, I read that back and thought I would be clear - the initial request - did you apply under a flexible working request and did you old boss reply confirming i.e. can you prove it (and did you start working new hours?).

Champagnebubble Sat 04-May-13 20:52:01

Did they give you a reason why the flexible working pattern has been declined? Was the initial agreement informal and not in writing (or was it?), and was the latter as part of a formal process?

MadWestie Sat 04-May-13 20:48:55

Hello,
Looking for advice pleeaaasssee...
Contacted my boss in Feb to discuss return to work plans and possibility of flexible working , chased in March and was told via email that yes 3 days a week would be ok.
My boss has now left and my new boss and HR have now said I can't return on 3 days a week.
I've offered to step down a grade and despite other members of my team working 3 days a week they have also said this is not an option.
Any advice?
Thanks in advance

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