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Flexible working appeal date falls after return to work date

7 replies

galina · 03/12/2006 16:31

i am due to return to work in a weeks time, and my company have refused my flexible work proposal at the last minute in writing(although within 14 days of our meeting to discuss it where everything seemed fine and was agreed verbally). I now have 14 days to appeal. As the end of that 14 days falls after my official return to work date, does anyone know whether I will be in breach of contract if I don't return to work until after the appeal is discussed?
Why do these things have to be so complicated!

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UCM · 03/12/2006 17:17

It depends why you don't return IIRC. If you say you are sick (am assuming that you're returning to work after Mat leave), then that must be treated using the companies normal sickness policy. If you just don't go in they can put you down as absent and follow normal disciplinary proceedings.

Is it totally impossible for you to return to work for that 1 week?

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galina · 03/12/2006 17:47

thanks for the response, sorry - yes it is after maternity leave
It does get more complicated I'm afraid as my old job was made redundant a month ago and they have offered me an alternative position which they say is equal, but I am questioning in my appeal as they have used the responsibilities of the new role as the basis for rejecting my flex proposal. So if i do go back before the appeal meeting I'm not sure what my job is...

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UCM · 03/12/2006 21:03

Ok, found this here

Read the bit on the right to request flexible working and changes to your contract whilst on Mat Leave. If they refuse you again, sounds like you could have a case. Are you in a Union?

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galina · 05/12/2006 10:03

looks as though I will have to return to work 'under protest' until it is resolved which is hard - it's going to be stressful enough being used to being back at work and not seeing my baby all the time, let alone not knowing what's going to happen with my job.
Thanks for your help

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incy · 05/12/2006 10:57

Could you request parental leave (think you can take up to 12 weeks) until this is resolved ?Explain you can't arrange child care at such short notice.

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incy · 05/12/2006 10:57

Could you request parental leave (think you can take up to 12 weeks) until this is resolved ?Explain you can't arrange child care at such short notice.