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Employer offering reduced hours for flexible working

1 reply

Locke · 30/07/2014 22:01

I am due to return to work soon and have applied for flexible working. My contract is for full-time from an office, but I have applied for part-time from home. The employer has stated that they can offer me part time but only 10 hours, not the 20 applied for.

The 'business reasons' for the reduced hours are not due to being able to only complete certain elements of the job from home, it is due to the fact that the company is downsizing and there is actually less requirement for the role.

It is my understanding that they must give me my job back under the contractual terms if I request this, so by them informing me that they are able to give me flexible working, do they not have to give me the full hours requested or at least an explanation of their logic for reduced hours?

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Lunastarfish · 31/07/2014 21:29

If you apply for flexible working your employer has to consider your request but it doesn't have to grant the request; you only have the right to apply for flexible working, not have it.

By offering you something different to what-you requested, but different to your old terms, if you accept the offer, it is still a flexible working request that has been granted. It will be a permanent change to your contract of employment.

That said, your employer needs to provide a reason out of a specific list. Make sure you exercise your right to appeal the decision.

Failure to provide flexible working (or what you requested)can potentially be indirect sex discrimination but it is very fact specific. If your're in a union approach them for advice otherwise see an employment solicitor.

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