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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73890
Experience:  Qualified Employment Solicitor
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I have been with my company over 7 years, I have been on

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Hi, so I have been with my company over 7 years, I have been on maternity 2years as I had kids back to back. 3,2 of age. Last year I submitted a flexible working request which was declined. Returning to work has been very difficult for me due to childcare.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have disccues with my manger at the time and they told me to wait to see if any 2day vacancies came about or even to apply in other concessions as I work in a department store. Since it has been over a year since my last flexible working o have submitted flexible working again Before doing so I spoke to my new manager informal conversation and she said ok, but I don't think you'll be able to get it. It was quite disappointing as I haven't even given in and already hearing a no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Their are two other mums who having flexible working who only work 2 days. What I have asked for i beleive im not been given equal opportunity.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 days ago.
Hi Ben I'm sabah, so basically I had been off work 2years on maternity and as a returning mum requested flexible working to reduce my days hours down to 2days. This request got declined last year, I didn't appeal at the time as I was worried that I would get off at the wrong foot with management if I appealed. Anyway my fault I didn't.
I later contacted hr and they advised I should have if I wasn't Happy with the outcome and I am able to request for flexible working again as it been over a year
Customer: replied 11 days ago.
My management are aware how difficult it it for me having random days every week working as I dont have set days. I spoke to my manger and said I will put in a flexible working and she told me i most likely wouldn't get it. It was quite upsetting as I dont think she's truly trying to help.Along with that their are 2other mums who only where 2days from the week who have set days and I belive not getting equal opportunity
Customer: replied 11 days ago.
Because my manager already told me that i most likely won't get it has really caused me so much anxiety hence why im contacting your self for advice as I've already been given answer.
Customer: replied 11 days ago.
They haven't officially wrote back the outcome as I submitted my form 3rd June
Customer: replied 11 days ago.
Would you be able to tell me when you will be able to ring please

H there so as discussed once an employer receives a formal request, they must deal with it in a reasonable manner, ideally meeting with the employee to discuss it and, if rejected, communicate their decision within 3 months of the date the initial request was submitted. If the employer is going to have to reject a request, they are only able to do so by relying on any of the following grounds:

- 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

Ideally, the employer should also try and explain their decision in writing, such as providing information on why they believe the selected reason for rejection is relevant and they have relied on it.

It is important to note that when selecting the ground for refusal the legal test is mainly a subjective one on the part of the employer. If the employer considers that one of the grounds applies, then the test is satisfied. There is no requirement for reasonableness when the employer makes their decision. It would appear that only if the employer's view is based on incorrect facts, could the decision actually be challenged as incorrect.

Often, the option to appeal will be provided by the employer following their decision. If the appeal is unsuccessful, a formal grievance can be raised to start with, before formal legal action in the Employment Tribunal is considered as the final option.

A claim can only be made on one or more of the following grounds:

- The employer failed to hold a meeting, notify their decision within 3 months 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

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.