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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I put in a request to work 4 days monday to thursday and

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hi, i put in a request to work 4 days monday to thursday and requesting a day off on monday or friday, requested this on the 21/12/2015.to start the work pattern on the 29/02/2016
no update from my manager since 18/01/2016
20/01/2016-planning have confirmed we are unable to commit to the specific friday or monday. spoke to senior manager ,confirmed operationally ee experience the highest demand on monday, so out of the questionand subject to demand forecasts, so cannot guaranteefriday, so may have to schedle tues to friday
i replied flexible thursday or friday
i received no update and the pattern was arranged for a wednesday
my colleagues who requested the shifts toave fridays off were given fixed friday
how is this fair and how does business demands change so quickle, we work at a health insurance call centre
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
10 years
Expert:  Ben Jones replied 1 year ago.
What is the reason for the request?
Customer: replied 1 year ago.
i am babysitting my grand-daughter 5 months old
Expert:  Ben Jones replied 1 year ago.
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. 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 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. So regardless of whether you believe that the decision is fair or not, the employer has the final decision and as long as they believe it is applicable, it is binding. 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. The available grounds to challenge their decision are:· 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 allowed reasons· The rejection was based on incorrect facts This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to pursue this further if necessary, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. If you believe that the reasons for a fair decision and procedure have not been met, you have the following options:· Appeal the decision· Raise a formal grievance· Make a claim 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. The final option is to resign and make a claim for constructive dismissal but of course that is a risky option as you are placing yourself out of a job with no guarantee of a successful outcome in the tribunal.