Advice needed

[Doc Green]

Bit of a long story really.

 

I have been signed off work ill since mid February. I attended A&E and informed work I would be off for a week at least. I posted a sick note personally through the front door as I didn't want to talk to any of the other staff in the building regarding my illness. The following week I received a letter telling me that since I had not contacted work regarding my absence and they could not get hold of me via any phone number or via my appointed contacts for emergencies then I had self-terminated my contract. A frantic phone call to my manager eventually rescinded this action when I explained that I had posted it and I had received no phone calls (caller logs and statements by partner and family members confirm this). This left me feeling like my position there was untenable at this stage.

Since then I have still been off and my condition is still undiagnosed and still under investigation. My sick notes (and now my fit for work notes)have been kept upto date and my doctors feel I am still unable to work.

 

Now the tricky part. Last week I submitted a formal written request to chnage my contract under the Section 80F Employment Rights act 1996 to enable me to work 6 hour day shifts instead of 12 hour day shifts. My reason being I have two children to look after. One is mine who I have thursday to Sunday and the other is my partners who we both have full time. My partner works from 8am til 7pm or possibly longer Tuesday to Fri plus when needed.

 

Work obviously aren't happy about it and want a meeting next week to discuss things. I am still signed off work and am not happy about my current situation there. I fear they will deny my request and have already stated that they don't feel they can comply as I apparently changed my contracts within a 12 month period when I stated I could't work a full shift on fridays and sundays due to my daughter needing picking up from school and taking back to her mothers. This was never a written request and my counter argument would be backed up by the fact that often the rota often had me working full shifts on these days since the so called "official" change.

 

Any thoughts or ideas to help me? Ideally I don't feel I should be attending meetings whilst signed off work.

[Bigredbus]

Hi,

 

s.80F is about the right to request flexible time, and not a right...

 

How old are your children?

 

Your request could be refused on one or more of the permitted reasons...

[Doc Green]

Hi there thanks for replying.

 

My daughter is 7 years old and my partners daughter is 8 years old. I wanted to go from working 12 hour shifts to working during the day so I can drop off/ pick up kids from schools.

 

I know I don't have an right to demand the hours just for the request to be considered. My contract is for 24hours per week (although I often cover extra shifts when I can) however if my employers aren't able to accept my request then I'll have to give up work really, which I don't want to do.

 

They have allowed other staff to do similar hours and arrangements both in the past as well as currently.

[Doc Green]

Does anyone else have any info to help? Any and all advice and experiences appreciated.

[honeybee13]

Doc, have you checked the ACAS website or rung their helpline?

 

HB

[Doc Green]

Yep. Checked with ACAS and used the DirectGov template for my written request.

According to ACAS I could possibly submit a grievance regarding last summers meeting where my boss agreed I wouldn't work Fri and Sun after 3pm, as many times since then I have been rota'd on for shifts taking me past the 3pm so called cutoff. They also said that it could well be viewed as Discrimination on Sex grounds if they don't have a valid reason(s) for denial of request. All the other staff are female, I'm the only male member of staff.

My manager hinted on a phone call that my request could be denied as it would favour me and potentially upset the members of staff who don't have children as they can't pick and choose their days/hours worked... She also asked why I can't work 12hour shifts on the weekend until it was pointed out (twice) that I have my own daughter then and at most I'll do a 6 hour shift..

 

 

I'm not so much in need of help with the flexible working request but more the grounds regarding the meeting whilst still off sick.

The letter where they tried to say I'd quit made me feel like they were trying to get rid of me and don't want me there. It is only a small firm with around than 20 employees. Part of me really does not want to go back there whilst part of me does. The whole situation is making me very anxious and worried and the stress is beginning to take its toll.

[Bigredbus]

Hi,

 

You are not obliged to attend meeting/hearing whilst off on sick leave... just request that that meeting/hearing be postponed until such a time you are fit to return to work.

 

As per the flexible working time, there is a limited number of options which could amount to valid reasons to refuse such a request.