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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6305
Experience:  10 Years of experience in Employment Law and HR
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Hi I am currently on Maternity Leave and requested flexible

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Hi
I am currently on Maternity Leave and requested flexible working dropping from 5 days a week to 4 days a week. This has been rejected but the lady who done the role before me only done it on a 3 day week. I know I can get the job done in 4 days and the reasons they've given for needing me back in the office full time don't happen very often. Also they let someone else drop to 4 days when theres no compromise in my letter just saying they need someone full time.

Jenny McKenzie : Hello and welcome to Just Answer, how long have you worked there for?
Customer:

I have worked there for nearly 3 years

Customer:

The thing is the letter states they need me full time no compromise or the option to try it on a trial basis just a straight no

Jenny McKenzie : What business reason do they give for refusal?
Customer:

saying that I need to be there to answer queries from suppliers and customers, give out petty cash, write cheques, do bank payments, answer payroll queries. they say business activity has increased but I had days with nothing to do and Friday was always a quiet day. they say employing someone for one day a week will be hard due to the low hours and handover time between us would be economically unviable

Customer:

i'm organised so I know I can get cheques and bank payments done when I'm in the office It's the queries that would have to wait a day but I would be happy to respond to emails telling people this on my day off if could have email access on my phone. If an urgent payment needs to go out I could do it from anywhere as it's online banking

Customer:

if they refuse the 4 days do I have to quit my job because I can't do 5 days with the cost of childcare?

Customer:

I feel like i'm being pushed out because my maternity cover can work 5 days and they will save money keeping her on as she is on a lower salary than me

Jenny McKenzie : Ok, you said someone else was allowed to work less days, is this doing the same role as you?
Customer:

yes the lady who done the job before me was allowed to work 3 days shes left the company now

Customer:

and I took over the role turning it into a full time position

Customer:

but it was the same job spec

Jenny McKenzie :

so the difference, 'they say' is the increased custom.

Customer:

yes

Customer:

but I personally don't think it has increased as my workload hasn't increased

Jenny McKenzie :

Ok I would suggest that you appeal against the decision. You should note that the right to request flexible working is just a right to request. If the employer has business reasons then it can refuse. Ultimately if you do not believe that the business reasons given are sound you can bring a claim in the Employment Tribunal where you will have to give evidence to the tribunal that the business reasons are not valid. This can be a difficult argument to win if I am entirely honest but if you are left with no choice but to resign in the alternative you have nothing to lose.

Customer:

ok thank you for your help

Jenny McKenzie :

I realise this might come across as slightly negative but it is just that I want you to be aware that claims under the Flexible working regulations are hard for an employee to succeed with.

Jenny McKenzie :

I do wish you all the best. As a working mother I am well aware of the difficulties we face.

Jenny McKenzie :

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

thank you I will rate you now

Jenny McKenzie :

Thanks

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