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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i work as community registered nurse general trained. i have

Customer Question

i work as community registered nurse general trained. i have a flexible working contract with the hse n carlow kilkenny area. my hrs of work have been increased from 22.5 hrs ie 3 working days to 30hrs ie 4 working days due to staff shortage. i have three children whom i need to think of during july and august .i still have parental leave left for 1.5 children can i avail of 2 days per wk during these months if i apply now or can i be refused this entitlement ?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if the changes increasing your hours were permanent?
Customer: replied 3 years ago.

my contract is apermanent flexible contract 22 to 37.5 hrs the increase of 7.5 hrs is to be reviewed six monthly with consideration made to service needs

Expert:  Ben Jones replied 3 years ago.
when was the last time you made a formal flexible working request?
Customer: replied 3 years ago.

i commenced work with the hse in oct 2006 working 22hrs a wk in kilcreen orthopaedic hospital . i then was redeployed to community care in nov 2010 due to ward closures . i availed of parental only in my previous employment when i worked full time in disability services not hse employment.i have not increased or decreased from 22.5 hrs since joining hse in nov 2o1o

Expert:  Ben Jones replied 3 years ago.
You are able to try and reduce your working hours/days but that would only happen with the employer's consent or if you make a formal flexible working request and the employer is not able to refuse it on any of the accepted grounds allowed by law.

Certain employees have the right to request flexible working. The process consists of the following steps:
• A formal request by the employee by following the set statutory procedure
• An obligation on the employer to consider the request seriously
• A limited number of grounds on which the employer can refuse the request

The changes that can be applied for in a flexible working request include:
• A change to working hours
• Change to working location
• Job-sharing

As mentioned, an employer can only reject a flexible working request 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 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 on the face of it import any question of reasonableness into this judgment. It would appear that only if the employer's view is based on incorrect facts, could the decision actually be questioned.

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, if any of the following grounds apply:

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, if any of the following grounds apply:
• 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 set reasons above
• 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.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

i was told by two collegues that if i am refused parental leave and reapply within six months it would be granted one of these people work in the police force is this true?

Expert:  Ben Jones replied 3 years ago.
Sorry I did not see your follow up question yesterday. If you are an employee who has been employed for more than a year with the employer and expect to have a responsibility for a child then you can take unpaid parental leave at any time before the child's 5th birthday. However, an employer is entitled to postpone an employee's leave where it considers that the operation of its business would otherwise be unduly disrupted. The postponement can be for up to 6 months from the beginning of the period when the employee originally wanted to take the parental leave. So they can postpone it for 6 months but after that they must grant it, as long as you qualify for it.

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