How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

ive been on maternity leave and now want to work part time

Resolved Question:

ive been on maternity leave and now want to work part time in same job but my employer says I cant and will only consider hours in a lesser position with less money, there are no set company guidelines and the business reasons they have tried to deny me on are bogus, do I have a leg to stand on?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Why do you think the reasons are bogus?

Customer:

when I first had a meeting to discuss coming back to work I requested ptime working and after a series of emails back and forth my manager actually offered me the hours that I wanted, which were covering the busy period and now he has said it would be detriment to the customers and inbalance of shifts, hes basically just copied a paragraph from;* reasons why employer can deny flexible working* guidelines

Customer:

there are no set guidelines to say in my position people cant work part time

Ben Jones :

ok let me get my response ready please

Customer:

ok thanks

Ben Jones :

When a formal request is made, an employer can only reject it on a limited number of grounds. These are:



  • Planned structural changes

  • The burden of additional costs

  • A detrimental impact on quality

  • The inability to recruit additional staff

  • A detrimental impact on performance

  • The inability to reorganise work among existing staff

  • A detrimental effect on ability to meet customer demand

  • Lack of work during the periods the employee proposes to work


 


In addition, the employer has a duty to explain their rejection in writing. They must state why the specific business ground applies in the circumstances and include the key facts about their decision. These should be accurate and relevant to the reason used.


 


However, in terms of the legal position, the following paragraph is important: when selecting the ground for refusal the test is a subjective one on the part of the employer. If the employer considers that one of the grounds applies, then the test is satisfied. The test does not create any requirement of reasonableness into the employer's judgment. It would appear that only if the employer's view is based on incorrect facts, could the decision actually be challenged.


 


Therefore, if the employer has not relied on one of the set grounds to justify their refusal, or the facts they have used are incorrect or unreasonable, the decision can be appealed first before a formal grievance is raised. If that does not help, a claim can be made to an employment tribunal. The available grounds to challenge their decision are:



  • The employer failed to hold a meeting, notify their decision or offer a right of appeal

  • The reason for refusal was not for one of the allowed reasons

  • The rejection was based on incorrect facts


 


The claim should be presented to the tribunal within 3 months of either the procedural breach or of the date on which the employee is notified of the appeal decision.


 

Customer:

he has used the same wording to deny the application as stated above naming 3 of them but it what im saying is none of these actually apply or I cant see how they can when he already offered me whar

Customer:

what I wanted and changed his mind when he was reminded that the company didnt do it for 2 other employees so cant do it for me and doesnt the appeal have to be dealt with by someone else in the fompany?

Customer:

he even told me in the email that he had to make the desicion in line with what they have done before but just because they didnt offer it in the past doesnt mean they cant now?

Ben Jones :

The issue, as mentioned, is that the employer does not have to justify why it selected the reasons it relied on. For example, if this was to go to a tribunal, it can’t question the business reasons behind the employer's decision to refuse a request. Neither can it substitute its own decision as to whether the request should or should not have been granted.


 


Also there is nothing in the legislation to say that the appeal must be held by a different person, it simply states “the employer shall hold a meeting with the employee to discuss the appeal within 14 days after the employee’s notice … is given.”


 

Customer:

ok so if he doesnt request a meeting within the 14 days of me appealing and just sends email saying no these are the reasons will he then be in the wrong ?

Ben Jones :

No, that is unfortunately not one of the available grounds for appeal - only the ones I listed above in the bulletpoints can result in a complaint (and the reference to a meeting there is to the initial meeting only, not for the appeal). You can of course complain internally but can't take it further, such as to a tribunal

Customer:

cam

Customer:

can I copy and paste this conversation so I can refer to it again?

Ben Jones :

yes of course, or you can print it if needed

Customer:

how can I print it?

Ben Jones :

there should be a 'share' button somewhere?

Customer:

thank you I will rate positively

Ben Jones :

Many thanks, XXXXX XXXXX best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46168
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions