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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49866
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My boss wants me to work on new shift s times are 6-2 wed

Customer Question

My boss wants me to work on new shift s times are
6-2 wed 6 - 2 Thurs then 6-2 Saturday next week .
I have a 3rd old child I am unable to get child minders
or help to take her to school for 8.30am and it's a push to
collect her from school at 3pm.
I told employers I am unable to do these hours and it's unfair
there reply 'if you don't like it ' your sacked
I do 25 hrs a week on a flexible contract , there trying to get rid
Of staff who don't comply .
What can I do .
who do I speak to .
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
JACUSTOMER-0q3sq79e- :

8 yr in October.

Ben Jones :

do you currently have a contract which defines your working hours?

JACUSTOMER-0q3sq79e- :

No times stated on contract employees offer part time 25 hours flexible

JACUSTOMER-0q3sq79e- :

Contract there no unions

JACUSTOMER-0q3sq79e- :

This is a lidl shop they have no respect for staff

JACUSTOMER-0q3sq79e- :

To the store till at 5.45am till 8.30 am then rush her to school

JACUSTOMER-0q3sq79e- :

Then I returned to work this is not good for her she's going to school with lack of sleep if I lose my job I lose my home and possibly my child by social services if this is reported making me the victim for complying this contract it's not easy to get other jobs at this time the employment agency can't help , I lose my benefits and child credits if I say I am stuck in a trap call the "work to rule government scam "

Ben Jones :

The key here is whether your hours are contractual or not, because if they are not the employer can potentially change them as they see fit. If you have child caring issues then that does not mean the hours cannot be changed but it does mean that you have the right to request flexible working. The problem then is that the employer is not legally obliged to grant that request and they can potentially reject it.

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.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether you need further help or if I can close the question? Thank you

Expert:  Ben Jones replied 2 years ago.
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks