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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5419
Experience:  Director and Principal Solicitor. UK
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I am on maternity leave and want to make appeal to company,

Customer Question

Hello i am on maternity leave and want to make appeal to company
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes
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: I wa No
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.

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.

Expert:  Ben Jones replied 19 days ago.

Please explain your situation in some detail

Customer: replied 19 days ago.
Hello i am full time employee now on maternity leave.I would like to return to work after my maternity leave which ends beginning of September-October this year. I have 6,5 months baby so she will be 10 months in September. Office is in Central London and i live in Hailsham East Sussex now its a fair distance to travel which i am not able to do every day. Finding here job not at option now. Its small town and there is no fashion retail or smth like this. I asked from my company to allow me work from home and go to office once a week instead of 5 times a week so i can afford paying nursery cost in central London and train cost. They answered me that they can allow 3 times a week from office and 2 times from home. They say that quality of work significantly low when people were working from home which i dont agree as i did my best during lockdown and nobody complained about my quality of work. All staff still working from home but they say sooner when restrictions lifted you need come to office. I can do max only 2 times to office cause nursery costs are very high. And days working from office they say may vary.i ask nursery they dont agree to flexible days which is fair enough cause they need allocate staff. I am really stressed now cause i have only one week left to appeal against theie decision. Can you help me make a nice appeal letter to them?
Customer: replied 19 days ago.
My letter to them is belowDear Lea,I would like kindly request for allowing me to have flexible working schedule when I come back from my maternity leave.
Main reason for this request is to take care of my 5 months old baby.
I was living in London but since I become pregnant, me and my partner decided to live together. I moved to his rented place in East Grinstead, at the same time pandemic started and all office staff started working from home. I was still able to travel to the office when restrictions were a bit lifted, i had to conduct training for Sophie who covers me during my maternity leave. It was alright because it only takes 1 -1,5 hour to travel to Central London from East Grinstead, same as it would take me travelling from Catford where I was living before. Travel cost would be around 400£ per month (depending on hours), which is fine because i was not paying for rent or bills. After our baby was born in November, my partner bought a house in Hailsham (houses in East Grinstead were unaffordable) and in January this year we have moved from East Grinstead to Hailsham, it is quite far and expensive to travel every day to Central London. Return train tickets from closest station Polegate to London Victoria are around 800£ per month (not considering bus changes). My partner still works in East Grinstead and drives there every day at 6 am, i could travel with him and take train from East Grinstead but there is no nursery in East Grinstead opened at that early time (7 am). On other hand I would like baby to stay close to me in case if i need to pop in and see her, so preferably it will be nursery in Central London where our office is. But in this case I cannot cover nursery costs for 5 days a week in London because they are starting from £1500 per month, it is almost same amount as my salary.
I believe that while working from home starting from March 2020 due to government restrictions, quality of my work was the same as it was when I was working from office. We were still able to hold our meetings as well via videochat. I would like to request from management to allow me working from home if possible. I would be happy to travel to office every day when lockdown is over even though it is a long distance, if i only i could cover nursery costs. I love to work from office and socialize with team but in these circumstances i am not able to. If working from home 5 days a week is not possible at all, may you consider me working from office once a week, preferably Wednesdays or Thursdays, when my partner does longer shifts, so he can meet me at East Grinstead station and drive home.
Please kindly consider my request and let me know about your decision as soon as you can. In case you agree i will need to find about arrangements i need to make beforehand. I am planning to return from my maternity leave in August or September, it depends on how fast I can make arrangements when new office location will be known and how fast i can wean the baby because i am exclusively breastfeeding her. I am open to discuss other options if you have any in mind.
Please do not hesitate to contact me if you have any questions.Kindly looking forward your positive response.
Expert:  Ben Jones replied 19 days ago.

Thank you. How long have you worked for this employer please? and what is your specific query in relation to this so that I can best advise?

Customer: replied 19 days ago.
After which we had video call
Meeting and they asked reasons for
My request i explained to them again situation. My partner is not happy also to pay for nursery so i have to cover it myself.
Customer: replied 19 days ago.
Since feb march 2019 through agency and then directly from april same year
Expert:  Ben Jones replied 19 days ago.

OK thank you, ***** ***** is your specific query in relation to this so that I can best advise?

Customer: replied 19 days ago.
after few days they refused my request and sent me this letter:
RE: Flexible Working Request
Dear Aydan,
We write with reference to your flexible working request dated 21st April 2021 and the meeting that took place on 29th April 2021 where we discussed your request.
We have given full consideration to your request but unfortunately, we are unable to agree to it on the following grounds:
- Detrimental impact on quality of work; and
- Detrimental impact on performance:
You are employed on a full time, office-based contract. In your role as a Logistics Administrator, you are required to provide support to the Logistics team. By nature, your role requires a high level of collaboration with other team members. The need for collaboration within the team has increased following Brexit. The team is now working on a large number of projects, all which require regular meetings to facilitate discussions. For example, the Logistics team is heavily involved in new developments, such as the warehouse migration to the Netherlands and developing E-commerce in Europe. This requires regular in-person meetings and trainings where several teams are involved.
We have considered your comments in relation to your period of home working due to government restrictions, prior to your maternity leave. Whilst we appreciate that you, like many others were required to work from home due to government restrictions, this was a temporary measure only. The company has seen a decrease in collaboration, and productivity during this period. Meetings over video are not an adequate substitute for face to face meetings, where ideas can be shared freely, and work can be adequately supervised.
As of 6th September 2021, the company intends to update their flexible working policy, which will allow employees to work from home two days per week, to promote a collaborative work environment. This proposal is of course subject to government guidance, and further change if appropriate.
In accordance with the updated flexible working policy, we are willing to allow you to work from home for two days per week, but these days may vary from week to week depending on the needs of the business.
Customer: replied 19 days ago.
You have the right to appeal against this decision by giving us notice within 14 working days of the date of receiving this letter. If you do wish to appeal, you will need to outline the reasons for your appeal and any alternative solution that you consider suitable.
We appreciate that this decision not to agree to your flexible working request will be a disappointment to you however we hope you can understand and accept the reasons for the refusaL
Expert:  Ben Jones replied 19 days ago.

OK thank you, ***** ***** is your specific query in relation to this so that I can best advise?

Customer: replied 19 days ago.
APPEALIf your request is rejected, you have the right to appeal.Your appeal must:• be in writing and dated;• set out the grounds for your appeal; and• be sent to the HR Manager within 14 days of the date on which you received the written rejection of your request.The HR Manager will arrange for your appeal meeting to take place within 14 days of receipt of your request. The appeal meeting will be held at a convenient time for all those attending and, as at the meeting that considered your request, you may be accompanied by a workplace colleague or a trade union representative.An Appeal manager will be selected, specifically for the appeal, from the Company's senior management team
Customer: replied 19 days ago.
You will be informed in writing of the Appeal manager’s decision within 14 days of the date of the appeal meeting.If your appeal is upheld, you will be advised of your new working arrangements, details of any trial period, an explanation of changes to your contract of employment and the date on which they will commence. You will be asked to sign and return a copy of the letter. This will be placed on your personnel file to confirm the variation to your terms of employment. There may also be some additional practical matters, such as arrangements for handing over work, that your line manager will discuss with you.You should be aware that changes to your terms of employment will be permanent and you will not be able to make another formal request until 12 months after the date of your original application.
Customer: replied 19 days ago.
You should be aware that changes to your terms of employment will be permanent and you will not be able to make another formal request until 12 months after the date of your original application.If your appeal is rejected, the written decision will state the grounds for the decision and provide an explanation as to why the grounds for refusal apply in the circumstances. You will not be able to make another formal request until 12 months after the date of your original application.
Customer: replied 19 days ago.
I would like you to help me with writing an appeal letter first of all they say it impact on my work when i work from home as wel as other staff i dont agree cause i was working good enough and there is no proof
Customer: replied 19 days ago.
I want them to agree at least two time a week
Instead of 3 times a week so
I am able pay nursery so nursery is 88 per day
Expert:  Ben Jones replied 19 days ago.

Thank you. We do not do drafting on here but if you prepare a letter yourself I can have a look at it for you and make any necessary changes. Just be advised though, there may be a extra charge depending on how much work is needed because the initial fee only covers basic chat advice so anything more will be treated as a premium service and I will advise you in advance of the charges

Customer: replied 19 days ago.
Means my salary is only 1690 nets per months you can calculate 264 pounds per week for nursery i have to pay so it makes over 1000 per
Month plus i have to pay 330 -400 per month for train tickets+ my lunches
Customer: replied 19 days ago.
Also they say flexible days nursery is not agree on flexible days i need tell them exact days which i put my child there
Customer: replied 19 days ago.
What do you mean? Yes i need an advise to draft a letter thats why i came here
Customer: replied 19 days ago.
Otherwise what is the use of this service? Thats my only enquery.how much you charge for drafting proper letter
Expert:  Ben Jones replied 19 days ago.

Hi there. This is a general Q&A site therefore we do not do drafting on here but if you prepare a letter yourself I can have a look at it for you and make any necessary changes. Just be advised though, there may be a extra charge depending on how much work is needed because the initial fee only covers basic chat advice so anything more will be treated as a premium service and I will advise you in advance of the charges

Customer: replied 19 days ago.
Its useless then bye
Expert:  Ben Jones replied 19 days ago.

Goodbye.

NB: the name of our site is JustAnswer...

Expert:  SolicitorRM replied 15 days ago.

Good morning. Welcome to just answer and thank uou for your patience. I have read your exchanges with my colleague and I note your comments with regards ***** ***** service and your expectation. The only free service I can say may help you with drafting an appeal would be the Citizens Advice Bureau. I totally appreciate your circumstances must frustrating and I also appreciate you would expect your employer to understand that you cannot work just to fund childcare hence your proposal to them. Your appeal would only stand a chance if you can show that their decision is arbitrary and the business will not be adversely impacted on by  doing 2 instead of the 3 days. In as much as we would love to help customers for near nothing you must understand that we are solicitors and the service you get would not be watered down simply because we have assisted you on this platform. We still commit time to assist you with drafting your appeal letter to give you the best chance but if you feel that must be done for no fee then the CAB would be the better option. You could also approach such organisations as Clerksroom.com or Lpclaw they can represent you however there will be a charge too. If you do change your mind and wish for us to assist with drafting content of your letter that you will send in your name to the employer then please free to revert back and let me know and I will ask customer services to inform you of the charge. All the best,