Shiny New Boss problems.... but not mine

[PriorityOne]

Hi folks,

I'm wondering if anyone knows the score about employment rights and childcare issues.

My friend and colleague has asked for her working day to be readjusted so that she can start and leave 15 minutes earlier to collect her 5-year-old diabetic child from school but the boss has refused because she's needed at work for those last 15 minutes of each day.... (although this is complete cr*p in reality).

I'm pretty sure he can't do this, especially in light of the disability element but need to be sure which law it would fall under.

Can anyone shed any light on this?

Many thanks in advance....

[vint1954]

Re: Shiny New Boss problems.... but not mine

Hi P1,

I'm not sure that they class Diabetes as a disability. If it were type 1 diabetes and the child needed an injection at those time, then it may be different.

Poor employee relations all the same, but if they are contracted to certain hours they could demand attendance.

[PriorityOne]

Re: Shiny New Boss problems.... but not mine

Hi P1,

I'm not sure that they class Diabetes as a disability. If it were type 1 diabetes and the child needed an injection at those time, then it may be different.

Poor employee relations all the same, but if they are contracted to certain hours they could demand attendance.

Thanks Vint...

The child does have injections, yes..... It's put my friend in a very awkward position; she came to me in tears this morning and was close to walking out. She gets DLA for him as well, so it's a disability in terms of that anyway which might help her.

[vint1954]

Re: Shiny New Boss problems.... but not mine

Although I could be wrong!

The right to ask for flexible working

If you are the parent of a child under 17 (under 18 if your child is disabled) or caring for an adult, you have the right to ask your employer for flexible working. You must also have worked for your employer for at least 26 weeks.
Flexible working can include working part time, working school hours, working flexitime, home working, job sharing, shift working, staggering hours and compressing hours (where you work your total number of agreed hours over a shorter period).
Although you have the right to ask to work flexibly, your employer doesn't have to agree to it. However, they must give your request serious consideration and have a good business reason if they decide not to agree.
If you are asking for flexible working because you're a parent, you must be responsible for your child on a day to day basis.
If you are caring for an adult, the adult must be one of the following:

• your husband
• your wife
• your civil partner
• your partner
• a family relative, such as a mother, father, grandfather, brother or sister
• someone who isn't related to you, but lives at the same address as you.

You can make one request to work flexibly each year. This must be in writing. You should say how you think the change in your working pattern will affect your employer's business and how this might work in practice.
Your employer must also follow a standard procedure for considering your request. This includes having a meeting with you. If your employer wants to turn down your request for flexible working, they must give their reasons in writing. You have the right to appeal if your request is turned down. You must do this in writing, within at least 14 days of getting your employer's decision. You should give your reasons for appealing and make sure your appeal is dated.
If your appeal for flexible working is refused, you may be able to:

• ask ACAS to help you sort out your dispute with your employer (in Northern Ireland this is the Labour Relations Agency). ACAS has set up a flexible working arbitration scheme to deal with this type of dispute. You can find out more on the ACAS website at www.acas.org.uk
• complain to an employment tribunal.

You can only complain to an employment tribunal under certain circumstances, for example, where your employer hasn't followed the procedure properly for considering your request or where they haven't taken the right information into account when making their decision.
You may also be able to make a claim to an employment tribunal for sex discrimination. For example, you can make a claim if you are a man and your request to work part-time to look after your children is refused when a request by a female employee would be accepted. If you are a woman, you may be able to make a claim on the basis that refusing to allow you to work flexibly is 'indirect sex discrimination'. This is because more women than men have childcare responsibilities.
There's a strict time limit for making a claim to an employment tribunal. This is usually three months minus one day from the date when the thing you are complaining about last happened.
This is a very complicated area. If you want to make a claim to an employment tribunal because your employer has refused your request for flexible working, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You should also bear in mind that an employment tribunal may not be able to over-turn your employer's decision. However, it may be able to force your employer to reconsider your request or to award you compensation.
For more information about the right to flexible working, go to the Directgov website at: www.direct.gov.uk/en/Employment. Directgov has an interactive tool which can help you work out the rights and options for your own particular circumstances.

[vint1954]

Re: Shiny New Boss problems.... but not mine

It appears that they must follow a procedure, but don't have to agree.

Did your colleague put the request in writing?

If not I would be inclined to have another go, this time in writing.

[PriorityOne]

Re: Shiny New Boss problems.... but not mine

That's brilliant Vint.... thank you!

This is not going to be an easy ride though.... he's refused and given his reasons but not in writing. I doubt if he'll want to put it in writing, to be honest.... and could make life quite difficult for her.

She's a feisty one though..... and has just sent an email to HR (with my help).... So let the games commence!

Shiny new boss is a complete prat....

[vint1954]

Re: Shiny New Boss problems.... but not mine

It would appear that he must put it in writing, but the request also has to be.

If your colleague does put the request in writing and he fails to respond in the same way, she may have some more protection if the worst came to the worst.

Also, ACAS may be able to help

[PriorityOne]

Re: Shiny New Boss problems.... but not mine

It would appear that he must put it in writing, but the request also has to be.

If your colleague does put the request in writing and he fails to respond in the same way, she may have some more protection if the worst came to the worst.

Also, ACAS may be able to help

Just remembered.... she did put her initial request in writing but he didn't respond in writing; he called her in for a meeting instead.

She's in a union and will go through them, if necessary.

[vint1954]

Re: Shiny New Boss problems.... but not mine

Well that is good. He must respond in writing.

The union will be the best bet.

Can they demonstrate that those 15 mins are crucial?

[PriorityOne]

Re: Shiny New Boss problems.... but not mine

Well that is good. He must respond in writing.

The union will be the best bet.

Can they demonstrate that those 15 mins are crucial?

I can't see how he can maintain it's crucial time, to be honest..... he's a pillock though, so will probably try.

[tastyjane]

Re: Shiny New Boss problems.... but not mine

Hi Priority One,

Unfortunately Vint's post is right - this piece of legislation is not worth the paper it was written on, this and all the other "family friendly" stuff the last government pushed through that actually has no process to it! For many years ethical employers have practiced flexible working as they recognise a happy workforce is a productive one - good employers didn't need a wishy washy outline full of loopholes to treat their employees well! Did get them great publicity though!!

Right off my soap box - your friend needs to follow the process (I believe you have said she has already put her request in writing), she needs to put in that request why she feels the employer will not be at a disadvantage (and hopefully could show an advantage to them) in the changed working hours - I would perhaps say that the phones would be covered for a longer period during the day (I read it that she was happy to start 15 minutes earlier in order to leave 15 minutes earlier at the end of the day) and then she should resubmit to her HR department and her new boss - they then have 14 days to reply whether they will or will not accept her proposal.

This is where the problem comes, as long as they can prove they have given her request full consideration and that they see it would be detrimental to their business there is little your friend can do in reality - she can appeal but again they do not have to substantiate their decision in any great way!!

If there was a situation where they had said yes to one employee and then turned down your friend obviously she would have grounds to take it further but in reality there is no substance to this legislation!!

It would be interesting to see the wording of their refusal just in case they over step the mark but I suspect if they have a HR department it would be pretty standard in as much as the business would not benefit from the change in hours.

Sorry I couldn't be more help;

Jane x

[SA Gold]

Re: Shiny New Boss problems.... but not mine

Hiya P1.
I've worked in places where people have requested this type of thing and as already said it really boils down to the employer sadly.
Its just a shame that only the decent ones accommodate. Good luck and let us know the outcome.

[PriorityOne]

Re: Shiny New Boss problems.... but not mine

Thanks for your replies.... I fear you are right and he will dig his heels in over this one. I will keep you posted though.....

[PriorityOne]

Re: Shiny New Boss problems.... but not mine

**Update**

Well.... my friend won her argument and her contractual hours have been adjusted on the basis that it's only until September when her youngest is old enough to attend school...... which is all she wanted.

I think he might have thought it best to keep her on side since she's damn good at her job.....

[tastyjane]

Re: Shiny New Boss problems.... but not mine

Great news; flexible working makes sense as you have a happy workforce and that is always so much better for a business - no need for daft half cocked legislation in my mind just common sense!

Jane x