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family friendly / flexible working


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i know ive just started one thread but this is for a differnt person

 

friend is havign alot of problems which work

 

shes asking the best way and the best information for appling for flexable working

 

shes had a day off for depenancy leave - they are now threatening a discaplinary

 

she is on anti depressants

 

ive checked google already but i dont understand it all and i trust people on this board implicity

 

please if anyone can provide any good resouces on this it would be great

 

big questions

 

how do you apply for it

is there any forms

What reasons can they refuse it for - biggest question

 

other question is - there work is on the bradford factor they are counting dependancy leave the same as time off ill is this correct

 

shes worried about both loosing her job and loosing the baby shes in a factory enviroment and needs help

Edited by labrat

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Hi,

 

sounds a horrible situation.

If she is on antidepressants, i'll assume that she suffers from depression, and therefore could use the Equality Act and ask for reasonable adjustments should they fit the criteria. Flexible working can apply, and can be applied by requesting a form from the HR department. However employers do not have to grant flexible working if it isn't in the business'' best interests. However they HAVE to make reasonable adjustments if your friend can prove that she meets the criteria of:

Having a severe adverse effect on normal day-to-day activities

Having lasted or will last for over 12 months

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi lab

 

The threats regarding 'Disciplinary', the best thing might be to raise an informal grievance, speak to someone that will listen, HR for example.

 

Explain that threats of disciplinary action are causing further anxiety/stress and depression.

 

A formal grievance can be raised if they haven't resolved the issues.

 

If the company are worried about productivity, maybe if they do it on a trial basis, the companies concern is probably setting a 'precedent', so other employees will ask to do the same.

 

Heres some info:-

 

http://www.nhs.uk/Conditions/Depression/Pages/Diagnosis.aspx

 

http://www.depressionalliance.org/how-we-can-help/employment-wellbeing.php

 

http://www.acas.org.uk/index.aspx?articleid=2042

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1) how do you apply for it

2 ) is there any forms

3) What reasons can they refuse it for - biggest question

 

Hi Labrat,

 

Sorry to hear about the problems. Just to clarify, dependent leave is unpaid leave to deal with unplanned absence, for example, unexpected disruptions in childcare e.g. the school is suddenly closed etc etc http://www.unitetheunion.org/resources/equalities_2011/equalities_-_legacy_content/equalities_resources/employment_rights_for_working/your_right_to_dependant_s_leav.aspx

 

Thus in answer to your questions:

 

1) You don't apply you just have to tell your employer as soon as you become aware of the unexpected disruption

2) Not any statutory forms no, but your workplace may have a system for notification of absence

3) They cannot - although they could of course challenge your right to take it if they think your absence is not within the legal 'definition' of dependent leave

 

other question is - there work is on the bradford factor they are counting dependancy leave the same as time off ill is this correct

 

Well the bradford factor is designed to deal with frequent short term absences from work (for example 5 one day absences have a higher score than one 5 day absence) and it is normally used when employees have repeated short-term absences because they are sick; but I suppose it could in theory be used this way if they consider the absences are not dependent leave.

 

The whole point with dependent leave is that it is designed to cover unexpected events.

 

Thus, it should not be something that you repeatedly claim, for example, if the baby sitter cannot work Friday afternoons it may be dependent leave if she tells you on Thursday; but it is probably not dependent leave next Friday, as by then you had had more than 1 week's notice.

 

Your friend needs to sit down with her employer and be frank about the problems she is having, and they should try and work out a shift pattern or hours of work that can fit around her other commitments / problems. The employee could also consider a flexible working request if this is relevant

 

I hope this is some help.

 

Che

Edited by elche

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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thanks for the advice the dependancy leave wasnt expected it was her soon having fits

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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