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Grievence as well appeal for flexible work request refusal?

6 replies

talky · 17/10/2007 11:11

Wondering if Flowery or anyone else with HR experience around?

I've been advised to raise a grievence about the way the meeting to refuse my flex work request was handled alongside my appeal.

They told me at the outset of the meeting that i was being refused as a fait accompli. They allowed me to talk but did not give due consideration to my business case or compromise options. THis can be seen clearly from the minutes.Bearing in mind this is a large public service employer, I would have expected them to give the decision at the end after seeming to consider the case presented.

I have grounds to appeal. I think the advantage of having the two seperate is so that they do not spend my appeal meeting talking about the meeting and mudding the water. Whilst still allowing me to say that it wasn't done well. Usually i would expect to try to resolve this outside of any formal procedure, but we're already there.

My union rep suggests i make a case that it is uneconomic to work the hours asked. This is true but i think it is best to ague it on feasibility rather than hardship. this gives my work paatern the greatset chance of success. What do you think?

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flowerybeanbag · 17/10/2007 11:19

hi have to run will be back later & will have a read then

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talky · 17/10/2007 13:06

thank you

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flowerybeanbag · 17/10/2007 18:45

Hi talky

You are exactly right about the reasons to separate the two, and I would certainly do that.
The grievance is about the unfair process, and the appeal is about the facts of your request and whether it should be agreed or not. As you say, you can still refer to the lack of proper process and consideration of your request, including compromise proposals. But the appeal should be mainly about whether the decision to turn your request down flat without compromise or trial period was the correct and reasonable one. There will probably be some duplication but that doesn't matter.

Does your union rep mean to argue that it is uneconomic for you if you were to work the hours asked? I think that's a rubbish reason to appeal it - your financial situation/childcare costs etc are not your employers concern. A flexible working request is about you requesting a flexible working arrangement which you are entitled to do, and it being agreed and implemented unless there is a business reason why it shouldn't be.

Your appeal should be about -
a) You have not been given any appropriate business grounds on which it could be refused
b)You have proposed trial period and compromises which have not even been considered
c)Your proposal is feasible because of x,y,z and benefits the organisation because d,e,f.

Your grievance should be about the failure to follow the correct process. When writing the grievance (and the appeal for that matter), assume it will be read by someone with no prior knowledge of the situation. Even if it isn't to start with, it almost certainly will be, and you want everything to be crystal clear. Put in a timeline explaining what happened when so someone can see very quickly events and timings. When you refer to any other document, copy it and attach it to the grievance as an appendix so someone hasn't got to go digging anywhere for policies, correspondence, etc. Make it as easy as it possibly can be for someone to understand.

Email me on flowery dot beanbag at ntlworld dot com if you would like me to have a read through of either.

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talky · 17/10/2007 18:50

Thanks. Life saver. Will send you something by e mail. I agree about keeping my hardship out of it too. Not relevant. Will stick to that.

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flowerybeanbag · 18/10/2007 17:14

talky have looked at it, good stuff, have emailed you back some suggestions

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talky · 18/10/2007 22:47

You have been fantastic. Finished the appeal doc in the format you suggested. As you said, there were other bits aplenty i could add in to build the case. Am sleeping on it and will send tomorrow.
God it's good.
I hope I can help someone else sometime with this.
Thanks.

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