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Tink I wil have to quit job!

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satiblue | 10:28 Mon 01st Jun 2009 | Law
7 Answers
I hope someone can give me some advice. Ive just been refused flexi work by my employer. i work for a huge multi national company and very low on the food chain! However, i need this job. When i came back from mat leave I worked 2 days a week. Then my childcare fell through and i asked to change one of my days. They agreed to this and said it was a 'local agreement'. Unfortunately I have also suffered from Post natal depression and when i came back from extended sickness i was told i was to revert to my old shift pattern. I told them my childcare needs havent changed and was told to apply for flexable working but 'not to hold my breath'. I got a letter to attend a metting at a later date to discuss this, but when i went to work the other day I was told it had been declined. No meeting, just a smile and sorry. My first new shift day is today and i cant do it. Im tearing my hair out. please help!! I think i will either be sacked or need to leave.
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It is very difficult to refuse flexi working for mums returning after mat leave and they must give you a reason as to why, not just smile and say no. Are there any other workers n flexi time already?
Do you have a union rep?
This will give you all the info you need
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10029491
and also ACAS can help you - google for a phone number

When I returned to work after mat leave I entered 2 different shift plans - one was refused the other was given. I worked in an industry where it was incredibly difficult allocate a shift pattern of that I was requesting, but they did it.

good luck
Question Author
They said it was because it was the busiest day. not being funny but there are hundreds of people doing the same job and i cant see it being much of a problem. I was supposed to be given a meeting to discuss it but I never got it. I think they have broken the law there. I can appeal the decision but in the mean time i cant work my shifts.
Personally I would make sure I did work my shifst until there really is no other alternative

There could possibly be a case for constructive dismissal

I think the fact that your childcare fell through and you had to, once again, rearrange your hours will go against you, but the links I have provided will be able to tell you definitively. I also feel that, as they gave you felxi hours once they may not have to do so again
by not turning in, you're unfortunately giving them ammo to use.

You cannot under any circumstances use your argument that "not being funny but there are hundreds of people doing the same job and i cant see it being much of a problem" - if they don't need you you are effectively redundant.

This is a direct quote from the UK gov website, as posted by pinkkittens
"Anyone can ask their employer for flexible work arrangements, but the law provides some employees with the statutory right to request a flexible working pattern.

You must:

be an employee, but not an agency worker or in the armed forces
have worked for your employer for 26 weeks' continuously before applying
not have made another application to work flexibly under the right during the past 12 months
You will then have the statutory right to ask if you:

have or expect to have parental responsibility of a child aged 16 or under or a disabled child under 18 who receives Disability Living Allowance (DLA)
are the parent/guardian/special guardian/foster parent/private foster carer or as the holder of a residence order or the spouse, partner or civil partner of one of these and are applying to care for the child
are a carer who cares, or expects to be caring, for an adult who is a spouse, partner, civil partner or relative; or who although not related to you, lives at the same address as you
Under the law your employer must seriously consider any application you make, and only reject it if there are good business reasons for doing so. You have the right to ask for flexible working - not the right to have it.

Employees who do not have the legal right to request flexible working are, of course, free to ask their employer if they can work flexibly. Many employers are willing to consider such requests."

The important bit is "You have the right to ask for
to back up (again) what pink kittens has said, look at the text above
"you must...not have made another application to work flexibly under the right during the past 12 months "
The problem for employers is, satiblue, that for every employee working �flexibly� (i.e working the hours they choose) there is at least one other being forced to work inflexibly (that is, working the hours they may not necessarily choose, but the hours their employer forces upon them to cover the absences of the flexible workers).

Believe it or not, this is not always easy to manage, even within a large organisation.

Some workers who have no justification to ask to work the hours that suit them are now becoming angry that they have to continually work the often unsociable hours that others cannot or will not do. There are two sides to every coin and it is an industrial relations nightmare.

At the end of the day businesses have their customers to consider as a priority and they must be allowed to manage their business as they see fit.
Question Author
I understand what you're all saying thank you. My previous agreement was not a change to my contact just an agreement between me and the site manager, it wasn't a formal flexi working request, but again I think this has worked against me but didnt realise it at the time. I thought they were beingh really helpful and appreciated it greatly, however if it had been a fomal request and had been granted or denied I wouldn't be here now. Will just need to keep looking for something else! Thanks for the advice.

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