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i work in a warehouse on a rota of any 5 days out of 7. i applied

Customer Question
for flexible working to get...
i work in a warehouse on a rota of any 5 days out of 7. i applied for flexible working to get me off early shift and backshift to enable me to have my kids stay with me 3 nights of the week since seperating from thier mother, i now do 10 am - 6pm that allows me to do normal daily things like school runs in the morning ect. i then applied for set days i.e tuesday to saturday as the kids mother has asked a solicitor to put it in writing that i get the kids from saturday evening untill sunday evening and allows me to spend a day on the weekend with my kids instead of at the moment waking them up on sunday mornings very early for me to take them back to thier mother before i start work at 10am.
once i applied my slightly disgruntled manager informed me that due to the work place i work in being so big my needs wouldnt be a problem. the problem is i sat in the meeting with him several months ago and he refuses to permit me to go on to the set shift i need to watch my children untill i show him proof of the lawyes letter my ex is putting in place which is taking a very long time. my question is..should i have to wait for proof of this letter as my situation is stil the same with or without showing him proof? thanks Brian
Submitted: 6 years ago.Category: UK Employment Law
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Answered in 8 minutes by:
9/3/2011
Solicitor: Jo C., Barrister replied 6 years ago
Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 70,834
Experience: Over 5 years in practice.
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How long have you worked there ?

And I presume you do not have a court order in place in relation to your children?
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Customer reply replied 6 years ago
i have worked there for 4 years in september, i have been on flexible working for over two years regarding my 10.00-18.00 shift. everything with the kids mother has been worked out amicably without ant outside interests apart from the legal letter im waiting for which states the shared access i have and my need for hours around this. the manager in question hasnt gave me an easy ride with ant flexible working and almost had me jumping through hoops over the past 2 years which is why i'd rather know exactly where i stand. thanyou
Solicitor: Jenny McKenzie,
 replied 6 years ago
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,408
Experience: 10 Years of experience in Employment Law and HR
Verified
Hello I can pick this up, how old are your children?
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Customer reply replied 6 years ago
daughter of almost 5 and son of 7 thanks
Solicitor: Jenny McKenzie,
 replied 6 years ago
Has he said that once he sees the letter he will agree?
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Customer reply replied 6 years ago
well he has led me to think that yes, i get the idea im getting it because he doesnt have much choice as hes not the nicest of guys. im curious to find out if i need that letter of proof or if he is just getting personal rather than profesional as he has a record for this kind of thing...thanks
Solicitor: Jenny McKenzie,
 replied 6 years ago

No he does not need to see the letter as proof of your circumstances. So long as you have children under the age of 6, which you do, and that he does not have business reasons as set out by the flexible working regulations to refuse your request (which the fact of seeing the letter would not change so I would assume he does not) then there is no legal right for him to make this request.

 

It is up to you whether you raise this with him or not in the form of a grievance. If you can get hold of the letter reasonably easily then it might not be worth bringing it up as he may then find a valid business reason to refuse.

 

Please remember to press ACCEPT so that I can be credited for answering your quesiton.

Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,408
Experience: 10 Years of experience in Employment Law and HR
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