Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. firstly can you tell me how long you have been with your employer please
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
When a formal request for flexible working 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, 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 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.
yes but it must fall within one of the above-mentioned reasons. So if they can show that it falls within them, they can rely on it as a reason to reject your application. You are indeed able to ask for further details and for justification if necessary
well there is the list I provided above - as you can see the specific reason they have used that working relationships are better face to face is not one of them, but it could fall within one of those reasons, for example if it results in a detrimental impact on work quality, which is one of the reasons
that is unfortunately for the employer to decide but you may certainly ask them to justify why it is so important for you to be there
According to Reg. 18 of The Maternity and Parental Leave Regulations 1999, an employee who takes Additional Maternity Leave (i.e. between 6-12 months off) is entitled “to return to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.”
This means that there is no guarantee of a return to the job you performed before going on maternity leave. If the employer can show that it is not reasonably practicable to allow you to return to that job, they need to find you something that is both suitable and appropriate for you to do instead.
However it does not mean you need to be nervous yet and you have to see in good time what the employer has to offer, there is of course no guarantee it will be negative for you
you are most welcome, all the best
I am afraid so, you can just type it instead, thanks
thanks, XXXXX XXXXX process, all the best