Flexible Working

[mummyoftwo]

I have been working in a hotel as a reception shift leader since Jan 08. My usual working hours were 3 lates 2 earlys 2 days off each week. My partner worked in the catering industry. He lost his job at xmas so was unemployed for a few months. When he found a new job in april this year it meant he had 2 work a lot of late shifts which meant we had no one to look after my 2 girls, aged 7 and 2.

 

I put a request in for flexible working on 6th May 09 which got refused on the grounds of 'creating unacceptable difficulties for us as we have been unable to make arrangements to reorganize the work among other staff'. So i thought ok fair enough i will search for alternative employment (My boss isnt the nicest of people so i didnt think i had a any chance of winning an appeal) Unfortunately its hard 2 look for another job at the minute so im still working.

 

Since 27th April 09 I have only been working 1 or 2 late shifts (on my partners day off) and nobody has said a word to me, I even asked my line manager if it was a problem and he said he didnt see one!!! Its only been this week when i can only do one late shift because my partner hasnt had a day off that my manager has questioned my hours. He is now saying I have to do at least 3 lates. I really dont know what to do now, I cant just leave as I will have no income only my partners which we cant afford to live on!

Edited July 20, 2009 by mummyoftwo

[ErikaPNP]

It may be a case of they can do it in the short term but not in the long term. Unfortunately there is no absolute right to flexible working, only the right to request it (which makes the whole exercise pointless) and the right to have the request considered. They do have to give a reasonable explanation for refusal, for example they cannot just state "business need" - they need to explain why it would cause problems, which they have done.

 

The only two avenues available to you is to appeal on the grounds that it has not presented an issue thus far - perhaps the backing of your line manager would help with this. You could also enquire if any staff could "job share" i.e; if someone else prefers to work lates, perhaps you could do a swap with them and both have this formally set in stone contractually.

 

The only other available option is to search for alternative employment, or look into what benefits you would be entitled to if you gave up work. I would not advise you leave if you cannot survive on your husband's wage alone until you have looked into whether you would qualify for benefit assistance. If you want to give me some more information I MAY be able to advise you on benefit entitlement. Alternatively, place yuor details into the calculator here: Start Calculation to get a rough idea of what benefit you would be able to claim (if any) if you were to give up work.