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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47388
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi, I am aged 62 and have requested to drop one day out of

Resolved Question:

hi, I am aged 62 and have requested to drop one day out of my working week. The answer has come back as no. There are several other employees in the firm who have reduced their hours for one reason or another and wondered if they can actually discriminate. thanks
Submitted: 3 years ago.
Category: 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.

Ben Jones :

Why do you think your request was refused?

Customer:

i have no idea. I have been working at this firm for 11 years and felt it was time just to reduce my hours slightly

Ben Jones :

There is no general right to reduce your hours and whilst you may submit a request to your employer, they do not have to accept this, even if others have been granted theirs in the past. This will only be a legal issue in one of the following circumstances:



  • There is a specific policy that covers this which has been ignored or not followed by the employer and you can show that if they had followed it then the outcome could have been different

  • You have been discriminated because of a protected characteristic – these include gender, age, race, religion, etc. You may immediately think that age is the reason but that would not necessarily be the case. For example if there are others of a similar age that have had their requests granted it would defeat that argument, and also if the employer can show that age had nothing to do with it and that it is just a coincidence that you happen to be older than the others. This could be done if for example they can show that the business can no longer support people changing their hours or other business-related reasons make this an impractical thing to happen.

Customer:

the majority of employees have been those coming back after maternity leave and also in a different department??

Ben Jones :

Those coming back after maternity leave have the statutory right to request flexible working and the employer has limited reasons on which they can reject their request - this does not apply to you unfortunately. Those in different departments could have been granted their requests because their specific department can accommodate it, but that does not mean you have been discriminated against because discrimination can only happen if it is due to a protected characteristic as described above

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

yes it has been answered thanks

Ben Jones :

Many thanks and all the best

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