Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you currently working the part time hours following a formal flexible working request?
I was employed on a 3 day a week contract spread over 5 days (my choice)
ok let me get my response ready please
why does this keep repeating?
it may be a system bug
There are a couple of ways of trying to pursue this and negotiating with the employer over the options.
First you can advise them that you wish to make a formal flexible working request to be accommodate in the role and that whilst it may be a full time role as advertised now, that there is no reason why it would not work if someone not working on a rigid full time basis can’t do it. You would then provide details of the supporting evidence that you mentioned which would suggest that the role can be done with certain adjustments.
Your next line of argument could be that this less than flexible approach by the employer could amount to indirect sex discrimination. That is because by stating the job is full time and without any consideration as to how they could accommodate a part timer (who is likely to be someone who is female and working part time due to child care arrangements) could place that particular group of employees at an unfair disadvantage, which in itself could be discriminatory.
If you are not able to resolve anything with the employer through direct communication, your next step is the formal grievance procedure, where this issue will be examine din more detail and a formal investigation launched by the employer. After that you are left with the claim for sex discrimination or if you feel you have to leave as a result of this – constructive dismissal as well. These are of course to be used as a last resort though so don’t just go down that route without at least trying the above first.
Is it reasonable of me to ask that the role be considered on a flexible working basis?
What would be reasonable grounds for refusing this?
yes of course, you have the right to do so. Once a formal request is made, an employer can only reject it on a limited number of grounds. These are:
what does planned structural changes cover?
for example if the employer had planned to reorganise its operation, like a restructure of its functions, staff, etc
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
OK thanks. You've been very helpful.
thank you, XXXXX XXXXX best
I seem to be unable to rate this advice until you have finished the chat
it's an intermittent bug unfortunately,. you can just type your choice instead
answer was excellent. Very helpful!
many thanks you can just close the page down now if you wish