Employment Lawyers Can Answer Your Employment Law Questions
, my name is ***** ***** it is my pleasure to assist you with your question today. Was it agreed that the reduction in hours after ML was going to be permanent? Just to let you know I am going offline shortly so may not be able to respond fully until tomorrow, thanks in advance
I was told that it would be reviewed regularly.
I just feel that as I have been given the opportunity to be given redundancy as I am not able to fulfill the role as they now require and I did opt I should have got it
Especially as now I am having to apply jobs at my managers request!
O was initially told it would be review after 3 months and if I was performing it would be extended
As I say it continued like this maths.
The reason my business has given me is that they require a manager in at all times (I am a bank manager) however I have been offered to a branch that opens Saturdays and to work a Saturday and have a fixed day off in the week.
In my mind this is not having a manager in at all times and so is saying to me that it is not that they want someone in all of he time but do not want to employ part time managers (I work 4 full days)
, if you returned to work on a flexible working arrangement, whilst the employer can keep that long as necessary, if their circumstances change they may have to amend the hours or the job you had agreed to. So the fact you have been given the authority to reduce your hours does not guarantee this would continue indefinitely or long as you want it – business needs can change.
If the employer is proposing that you would have to return on a full time basis, you still have the right to make another formal flexible working request. 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, when selecting the ground 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.
In terms of the VR, if you apply there is unfortunately no guarantee you would be given it so you cannot challenge the employer if they had decided you are not going to be selected .
However, if your current job no longer exists and you cannot be found suitable alternative employment, the employer should still consider you redundancy, even if you were rejected . You cannot be forced to take on an unsuitable alternative, such as the effective demotion, nor to change your hours so if you are forced to leave but have not been offered redundancy then you could consider taking them to the employment tribunal dismissal. You have 3 months to do so from the date your employment terminates and before you are allowed to claim you would have to use the free services of ACAS to try and negotiate a financial settlement in order to try and avoid the need action.
Hope this clarifies your position? If you could please let me know that would be great, thank you
, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks