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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48206
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good Morning BenWe have an employee who has been on

Customer Question

Good Morning Ben
We have an employee who has been on maternity leave and is due to come back to us in February. When she left to have her baby. She had two jobs two hours each with set times work. Whi[le she wants to come back to us she can only de flexi hours to fit around the baby and can [not say what time she will be at the contracts. We have spoken to our clients and unfortunately they both say that the hours can not be changed and have to be done when they require them. we don't and never have had contract cleaning done on flexi hours, I am also concerned reference health and safety as we would never know when she was on site, I am waiting for and answer from our insurance broker to see what the situation is with reference to staff being on site without our knowledge.
I Look forward to your reply.
Margaret ******
ps I think o[ur trial period is nearly up how can we retain you permanently?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello Magaret, how long was this employee away on maternity leave for? I do not deal with membership issues unfortunately but you can contact***@******.*** to discuss this. Also I am on the move most of today so may not be able to respond immediately sorry for any inconvenience
Customer: replied 1 year ago.
She Left on February 16th 2015Thank you.Margaret
Lister
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. It appears that this employee has taken her full entitlement to maternity leave by having a year off, which means she has taken both Ordinary and Additional maternity leave.
The right to make a flexible working request applies to any employee who has been employed by the employer for at least 26 weeks.
When a formal request is made, an employer can only reject it 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 the reason used.
So as you can see you are allowed to reject an employee’s flexible working request and you have at least a couple of reasons from the ones you are allowed to use which you can argue are relevant to this situation. I therefore see no reason why you cannot successfully reject the person’s request.
As to the health and safety issue, it is not unlawful not to know when someone is on site but as mentioned it may be something which affects your insurance so check with the provider to see if that is going to cause an issue. However, from an employment law perspective this is not unlawful.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you***** *****ster
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best
Customer: replied 1 year ago.
Thank you for the information I have been asked to write to Deborah to confirm that she is entitled to come back can you give me an Idea of what I should say.Thank youMargaret
Expert:  Ben Jones replied 1 year ago.
Hello, when you say you want to tell her she is entitled to come back do you mean on the old hours she was doing?
Customer: replied 1 year ago.
Yes the client needs her to work to the same times as before she left other than that she would work to the same terms and conditions.Thank YouMargaret
Customer: replied 1 year ago.
Yes the client needs to have the cleaning carried out at the time she used to work. all terms and conditions would be the same.Thank youMargaret
Expert:  Ben Jones replied 1 year ago.
You can send a letter along the following lines: Dear X Flexible working request I am writing with regard to the request for flexible working that you made on [DATE] and which we discussed at our meeting on [DATE]. I have considered your request for a new flexible working pattern carefully. [INSERT ANY PARTICULAR DETAILS CONSIDERED OR STEPS TAKEN] I regret to inform you that, on this occasion, we are unable to accommodate your request for the following business reason[s] [INSERT ONE OR MORE OF THE FOLLOWING REASONS]: [The burden of additional costs.][Detrimental effect on ability to meet customer demand.][Inability to reorganise work among existing staff.][Inability to recruit additional staff.][Detrimental impact on quality.][Detrimental impact on performance.][Insufficiency of work during the periods you propose to work.][Planned structural changes.] [The above reasons apply because [INSERT DETAILS OF BASIS OF BUSINESS DECISION TO REJECT REQUEST]. You may appeal against this decision if you wish. Your appeal should be submitted in writing to me by [DATE]. Yours sincerely,
Customer: replied 1 year ago.
Hi thank you for the letter, iI am seeing the employee tomorrow, I may need your advice again
Expert:  Ben Jones replied 1 year ago.
Yes of course you can submit a new question for my attention at any time