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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44871
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am having trouble with my boss at the moment, I work in a

Customer Question

I am having trouble with my boss at the moment, I work in a pub and have a small child under the age of 2. I work evening and afternoon shifts but have to rely on people to look after my daughter in the evenings which leaves her very unsettled. When asked to stay on in the evening and I tell them I cant my boss gets quite cross with me, slamming doors, generally very rude and unprofessional. I am on the third lot of silent treatment from the manager which lasts about a week at a time, refused training, and told that I am terrible at my job and its made pretty clear he doesn't like me. Its at the point now where its bullying and I feel its done to push me out of the job. where can I go from here please help
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
How long have you worked there?
Customer: replied 3 years ago.


I have work there for nearly a year now, it will be 12 months in May it, feel its going to get to the point where its going to get out of control.

Expert:  Ben Jones replied 3 years ago.
Hello, my colleague has asked me to assist with your query as it is more my area of law. Have you asked for flexible working hours?
Customer: replied 3 years ago.


yes I have asked for flexible working hours as I have a young child but either he his shoulders shrugged at me or told that he has a pub to run and cant do it. Many staff has left since he has taken over to manage the pub due to his attitude and the way we are treated.

Expert:  Ben Jones replied 3 years ago.
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.

Before you consider formal legal action as explained above you would be best advised to try and resolve this internally such as through a grievance.

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
Customer: replied 3 years ago.


ok but can he make me work more, or expect me to stay on after my shift has finished because he has no staff to work or has no staff full stop purely due to his attitude and behaviour?

Customer: replied 3 years ago.

ok on so can he make me or tell me I have to stay on past my shift because they have no staff purely due to the fact there is no staff because off his attitude and behaviour?

Expert:  Ben Jones replied 3 years ago.
you can only be asked to do as per what is in your contract. If your contract says that you are employed to work specific times then you are entitled to stop working when this time comes. There may be a clause that says you can be expected to work additional hours as necessary but that should be applied reasonably and fairly, not abused by the employer so that they frequently ask you to stay past your normal working times.

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.

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