Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Why do you think the reasons are bogus?
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
there are no set guidelines to say in my position people cant work part time
ok let me get my response ready please
When a formal request is made, an employer can only reject it on a limited number of grounds. These are:
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 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.
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
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?
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?
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.”
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 ?
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
can I copy and paste this conversation so I can refer to it again?
yes of course, or you can print it if needed
how can I print it?
there should be a 'share' button somewhere?
thank you I will rate positively
Many thanks, XXXXX XXXXX best