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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am able to apply for promotion to the grade above my current

Resolved Question:

I am able to apply for promotion to the grade above my current role.

However the grade above is at full time and I work part time (3 days spread over 5).

I am willing to increase my hours from 22.5 to 30 hours per week but am not able (due to family commitments) to increase beyond this level on a regular basis.

I am a qualified accountant and it will be possible to work the busy period of the month (at the beginning of each month) at a full time level as my partner's job would allow the flexibility to do this for him to be able to cover childcare duties for the first week of every month.

I am being told that although I am the best candidate for the job, the job is non negotiable at full time hours.

I know the role well and this job has been changed several times to incorporate different tasks and the tasks have been redistributed throughout the department. Therefore I could demonstrate that a 20% lower working week could be accommodated in this role.

Where do I stand with this?

thanks
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. Are you currently working the part time hours following a formal flexible working request?

Customer:

I was employed on a 3 day a week contract spread over 5 days (my choice)

Ben Jones :

ok let me get my response ready please

Customer:

why does this keep repeating?

Ben Jones :

it may be a system bug

Ben Jones :

There are a couple of ways of trying to pursue this and negotiating with the employer over the options.


 


First you can advise them that you wish to make a formal flexible working request to be accommodate in the role and that whilst it may be a full time role as advertised now, that there is no reason why it would not work if someone not working on a rigid full time basis can’t do it. You would then provide details of the supporting evidence that you mentioned which would suggest that the role can be done with certain adjustments.


 


Your next line of argument could be that this less than flexible approach by the employer could amount to indirect sex discrimination. That is because by stating the job is full time and without any consideration as to how they could accommodate a part timer (who is likely to be someone who is female and working part time due to child care arrangements) could place that particular group of employees at an unfair disadvantage, which in itself could be discriminatory.


 


If you are not able to resolve anything with the employer through direct communication, your next step is the formal grievance procedure, where this issue will be examine din more detail and a formal investigation launched by the employer. After that you are left with the claim for sex discrimination or if you feel you have to leave as a result of this – constructive dismissal as well. These are of course to be used as a last resort though so don’t just go down that route without at least trying the above first.

Customer:

Is it reasonable of me to ask that the role be considered on a flexible working basis?

Customer:

What would be reasonable grounds for refusing this?

Ben Jones :

yes of course, you have the right to do so. Once 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

Customer:

what does planned structural changes cover?

Ben Jones :

for example if the employer had planned to reorganise its operation, like a restructure of its functions, staff, etc

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

OK thanks. You've been very helpful.

Ben Jones :

thank you, XXXXX XXXXX best

Customer:

I seem to be unable to rate this advice until you have finished the chat

Ben Jones :

it's an intermittent bug unfortunately,. you can just type your choice instead

Customer:

OK thanks

Customer:

answer was excellent. Very helpful!

Ben Jones :

many thanks you can just close the page down now if you wish

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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