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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My manger is saying we all have start work at 7 there used

Customer Question

My manger is saying we all have start work at 7 there used loads of different start times I can't start at 7 due to childcare
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.
Since last October
Customer: replied 1 year ago.
It a nursing home and I did express when I started and to the previous manger I can't start till 730 and I have been doing that since October
Customer: replied 1 year ago.
But new manger want us to start at 7 I have asked her about it she said it to with cqv and safe guarding well why not been a problem since October!
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I'll have to come back to this tomorrow as I've got work in the morning
Expert:  Ben Jones replied 1 year ago.

ok no problem I will respond tomorrow in that case, thanks

Customer: replied 1 year ago.
Please let me know what you think I can do
Expert:  Ben Jones replied 1 year ago.

Hi there, in general your rights will be somewhat limited due to your length of service. Until you have at least 2 years’ service with an employer you are not protected against unfair dismissal or constructive dismissal. This means the employer can terminate your current contract and reissue you with a new one incorporating the changes without you being able to claim unfair dismissal, or similarly they could just introduce the changes and you cannot try to resign and claim constructive dismissal. So in this respect you will not be able to challenge it, even if the reason for your inability to do the times was due childcare.

Your only and main right her would be under flexible working regulations. These allow you to request changes to your nominated working pattern in order to five you flexibility in working, such as if you had to look after children or other dependents.

This is your basic legal position. I have more detailed advice for you in terms of the law on flexible working and how you can apply it here, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Ok thanks for your help as someone said she can't do this do child care needs law that she has to be fexliable as she can and visa versa
Expert:  Ben Jones replied 1 year ago.

If you have child caring responsibilities then you will have certain rights in the workplace but it does not guarantee that you will be able to do the hours you want. If you could please leave your rating for the responses so far then i can continue discussing the flexible working righta you have. Thanks

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Have left review,
Expert:  Ben Jones replied 1 year ago.

Thank you. The right to make a flexible working request applies to any employee who has been employed by the employer for at least 26 weeks.

Examples of the changes that can be applied for in a flexible working request include:

· A change to working hours

· Change to working location

· Job-sharing

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.

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

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.

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