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flexible working appeal

8 replies

talky · 09/10/2007 18:23

Anyone had an appeal for flexible working request? Need to hear from someone who has come out of the other side. Is it worth doing? I seem to hear mostly horror stories. Obviously the result could go either way, but how was the process and how did you handle the aftermath? Anyone in public sector, e.g NHS would be especialy interesting. How helplful was the union?HR?solicitor?
Please answer this if you can

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SJmum · 09/10/2007 21:37

Hi,
I'm a teacher and I had my request for flexible working refused. I asked to cut my hours from 5 days to 2.5 days. The excuse they gave was pathetic, the head said she had too many job shares/part-timers already. I got the union involved but unfortunately they said that you can only ask for flexible working it does not have to be given. There was a meeting with the head, chair of governers, union representative and myself but the school still refused me flexible working. I went back full time this was very difficult. My work colleagues were very supportive but I found it awkward when working with the head particulary as I was on the senior management team and spent a lot of time in meetings with her. I applied for a part time job in another school and got it. I started this September and it's the best thing I've done!!! The school is much better than my old one and I am very happy. This is my story and although it was stressful, infuriating and upsetting at the time, things have worked out for the best.

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talky · 09/10/2007 21:52

thanks for that SJmum. It is stressful at the time isn't it? Was that an appeal meeting or the normal meeting following a request? I'm desperate to get another job at this stage as I'm starting to feel very negatively towards my boss and the organistion.Which is not like me.Did you go back for a while? How long?
Did you start to feel stupid for ever having asked in the first place? even tho it might be a reasonable request and make a real difference. Other people seem to straight away treat me like a kid and say "well you know, it's the right to request not a right to be given etc." Ofcourse I know that! I offered loads of compromises, everything rejected. I know I'm being treated unfairly.
Praying for an escape,like you! Have never heard of anyone having a successful appeal yet.

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SJmum · 11/10/2007 20:28

Hi, yes it was an appeal meeting. I returned from maternity leave for 13 weeks which I had to do. Had I not gone back for 13 weeks I would have had to pay part of my maternity leave back. This applies to teachers contracts I don't know if it applies to other jobs. I did regret ever asking for part time and wished I had just looked for a new job straight away instead. I too know I was treated unfairly as I offered a lot of compromises but they were all rejected. I'm hearing of more and more people's requests for flexible working being rejected. I know of one friend whose appeal was successful but she ended up leaving anyway because her headteacher made her life hell. I can totally sypathise with your situation, it's hard to know what to do for the best. Just keep thinking it will all work out for the best eventually - that's what kept me sane.

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choufleur · 12/10/2007 20:47

who do you work for talky? I was lucky that i had my request accepted. i work for a local authority and they would have found it very difficult to refuse as so many other people have been allowed to j/s or go p/t and also many people who are more senior than me.

have you sought legal advice? i found the CAB very useful in a previous role when i needed employment law advice.

good luck

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elkiedee · 12/10/2007 21:56

I haven't been through it myself but lots of people have flexible working arrangements where I work (local government legal department!) I thiink you're right to try to look for another job. The union is probably your best chance as you need negotiation - you already have the picture of the legal position, only the right to ask and a good union rep can probably do better on the negotiation with local management.

Perhaps you should see if an mn person with expertise - union or HR - can help you prepare.

Who hears such appeals where you work? Is it the NHS? What type of job? What arrangement are you asking for and why have they refused you?

Good luck and I will be looking out to hear what happens if you go ahead with the appeal.

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inthegutter · 13/10/2007 12:27

Obviously the school needs to treat people equitably and follow processes correctly. It DOES seem unreasonable that having a lot of other P/T staff is used as a reason to not agree wthe request - after all that's clearly NOT treating everyone as equally. However, just to put the other side of the argument, I think teaching is an example of a job where there are many quite legitimate reasons why flexible working can be problematic. I teach F/T and have had some nightmarish timetables over the last few years where I've ended up teaching split classes - ie, sharing a class with another teacher (or two!!) and having a really 'bitty' timetable. It does nothing for my job satisfaction, and in my view (and a lot of parents) its detrimental to the pupils' learning. So that's a totally justifiable reason to not want people P/T. Also, I don't see how senior or middle management can effectively do a F/T role on P/T hours. We have a P/T head of dept in my school and it's ridiculous! A lot of issues crop up on a daily basis and it jsut causes hassle for other staff.

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talky · 16/10/2007 16:37

Thanks guys. nice to know am not alone. I think i need to raise a grievence about how the meeting was conducted as well appeal their decision. Basically the employer told mme at the out set of the meeting that i was going to be refused as a fait accopmli, as well as the fact that they missed legal deadlined etc..
Anyone been here?

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talky · 17/10/2007 18:44

bump

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