flexible working request

[dmj]

I recently placed a request for part time work at my office as opposed to full time which I am currently doing. I asked a manager (not my own manager) to find out if this was possible for me as I havent been getting on with my boss for the past few months, and felt I couldnt approach him, I also knew my boss would be quite happy for me to leave so I knew he wouldnt exactly fight my corner!, however my boss found out and took over and now my request has been denied, I have 2 children aged 10 and 7 and although they arent under 6 they are no less dependant and I dont feel my employer has given the idea fair consideration.

This all happened today and I have given a months notice in order for me to be at home with the children in the summer holidays.
Do I have any rights at all?? I feel my boss has got the result he wanted and is this a case for constructive dismissal I really feel I have been pushed out of a job I like and am good at simply because I dont particularly get on with my boss and he seems to have a problem with me.
Am I entitiled to be offered any flexibility at all, i.e not working during holidays? Any advice would be great cos at the moment I feel a bit lost, I had no choice but to hand my notice in.

Also my boss dragged this out and didnt give me an answer until today so my notice covers holiday within the office and wont leave him short staffed. I can prove that he knew at least a week ago that the answer would be no based on the date of the letter which he gave me by hand today.

thanks for any info xxx

[annie0000]

You don't have specific rights under the European law for working parents as you correctly point out, this relates to parents of children under 6 - the timescales etc all relate to this . However, as most requests for part time working come from women, you may have some comeback on sex discrimination. Have you looked at your company policies to see if he is going against any of those? What about your HR dept? I had a request for term time working turned down earlier this year, so i know how you feel.

[dmj]

Unfortunately our HR consists of the managing directors PA, she's very much a yes person so doubt I could go to her!!!

[bednobs]

you have a right to ask for part time working, but dont have a right to expect it. You are assuming they havent taken your particular circumstances into consideration, but perhaps they have, but the answer is still no?
Anyway, yur boss has to cover the work, and if all the parents that work there wanted all the holidays off, then they would be a bit scuppered wouldnt they?
i cant see how anyone would consider it constructive dismissal if you asked for part time work, got turned down so left. I also think they have to have a reasonable time to consider their options, and a week seems reasonable to make a decision in to me!
there are many employers who have family friendly policies, or offer part time work around svhool hours so when looking for another job, perhaps look at those

[dot.hawkes]

bednobs is right, also, when they interviewed you for the job they were unable under law to discuss your child care arrangements and so they were acting under the guidelines, now they are doing just the same.

[babyphantom]

I had a spookily simiar experience with my old employees. I found that going to the highest level of management helped, and going to the CAB. I threatened to take them to a tribunal (regardless of whether I had a case or not) and they soon offered me my part time hours. I know it may not be legally the solution that works, but sometimes some companies need a good kick up the a*%e! Good luck x

[dmj]

Bedknobs, I appreciate what you are saying but I am the only mother there so its highly unlikely anyone else would want to have all the school holidays off which isnt what I'm asking for anyway, basically at least 2 days a week the area I deal with is very quiet so all my work could be done on a part time basis hence saving the company money on my salary. My main issue is whether I have a case based on the fact my boss is basically using me to cover holidays when the letter from him was dated a week ago and he gave it to me yesterday. had he given me the letter when it was dated I would be leaving sooner and leaving the office short staffed as someone is due to go on holiday mid July, I think you've misunderstood my post but thanks for your comments.

[dmj]

baby phantom, as I have handed my notice in do you still think its worth me going to CAB?

[bednobs]

hmm i obciously did misunderstand.there was nothing preventing you handing your notice in a week earlier though was there? Its not like you said "let me work part time or im leaving" so its hardly likely they knew that you would leave if they didnt say yes, thus you cant really say they held back the letter to cover their holiday leave reasonably (in my opinion) Again, i reiterate that they had to have time to think about it, and a week seems reasonable. Maybe for the last week your boss has been desperately trying to find a way to make it happen, but eventually has given up and given you the letter? ok so it's not probable, but it is possible i suppose
to be honest, i dont know much about employment law, but i am just saying things how they seem to me. When you got the job, you could work full time, but now your circumstances have changed and you cant - thats hardly their fault. If they wanted someone to work part time, they would have advertised the job as that.
in my opinion, you just seem angry and cross and upset you can get the hours you want so instead of taking responsibilty for your changed cirumstances, you want to blame them, as if they have made you leave <----- i know you probably wont like me saying that but that is what it is coming accross as

[bednobs]

also, i find it really odd that out of a whole place of employment, you are the only one with kids! It makes a change, cause its usually us kid-free people who get the rough end of the stick with the parents wanting to book up all the summer for leave, or take days off at short notice cause their kids ill, or the nurserys closed
(bitter? me? .... :-))

[annie0000]

I have to say that before I had kids, I was very happy to avoid taking time of during the school holidays and allowing parents to do that instead. To me, having to pay twice as much for the same holiday because it is during the school holidays is hardly a priviledge.

Some people don't understand the stress pressure and sheer hard work involved in raising the children that society needs in order to sustain itself. Without these future tax payers, who is going to pay for your pension and services bednobs?

In general, my employer is very good with flexible requests and has given the same rights to all employees regardless of whether they have children or not. Lots of people have taken this up and now work a compressed week so that they work 4 longer days and have a day off - as long as they all stagger their days, this works out fine.

Have you discussed with your employer whether there are any other options that they would consider, is it just a flat no? If you do have 2 quieter days, are they aware that effectively they would get the same amount of work but would pay you less? Would they perhaps consider reduced hours but only during term time?

Most employers feel the benefit of making flexible hours available. Staff take less sick leave and make fewer appointments during working hours, they work harder and are happier as they have been able to achieve a measure of work life balance.

[dmj]

Bedkbobs, I did advise my boss I would have no alternative to leave if there was no flexibility available, yes I am angry and cross because in the time I have been there we have had 2 full time childless staff leave whereas I am good at my job and loyal. I have no desire to sit at home and claim benefits I wish to work for a living and be a good mother to my children, which I dont think is too much to ask, I feel my employers had they of valued me at all would have offered me some sort of flexibility on a trial basis, after all you cant knock it til you've tried it!! As you say you have no children therefore you are only giving your opinion which is fine its just I dont agree with it.

Annie, I havent really discussed it too much with my boss, as I said he has never championed my cause saying "women workers with children are a liability" I will try to discuss it with the managing director before I leave though, thankyou for your advice x

[babyphantom]

sorry for my delay in answering(pc demons)

as for your question, I would go to the CAB and speak to an advisor. you could let it "accidentally" slip that you have been and see what happens. When it happened to me, I had a good long chat with my senior manager and explained my position. He was very sympathetic, which I found both refreshing and surprising. The best defense you have is knowing your rights both legally and with regards to your contract. Take a look at this website and see if it helps. There is a free phone number you can ring with any questions as well.

http://www.workingfamilies.org.uk/asp/family_z one/f_your_rightsw.asp

As I mentioned before, I don't have any legal background, but hopefully the similar experience I had will help you out. Any advice or support you need, feel free to ask. Good Luck x