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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Flexible working hours problems please help


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Hello,

I am seeking some advice.

 

I work for a company that is open 8am to 10pm and for the last 3 years i have been working 9am - 5:30pm Monday to Friday with one Saturday rarely.

 

Currently it seems all the staff seem to have been leaving and never replaced - this leaves a team of around 15 staff.(shortfall of staff on regular basis)

 

The department want to run all staff on a 5 over 7 basis and this has never been the case before. I was employed for set shifts however this was never clear in my contract yet it was what has been happening for 3 years now.

 

So 2 staff apply for flexible working hours and one of those is myself.

 

They get what they want exactly, this means they have no alterations to what they have worked over the last few years.

 

And i got the short straw - mine was blatantly frown upon.

 

I asked for set shifts each week - i didn't get that i!

I asked for the latest to work in a week being 7pm - they gave me 10pm once a week.

I asked for no Sundays due to childcare - they replaced with a Saturday and this means every other Saturday.

 

I was told if i ever could not do my late shift, i was not allowed to simply swap it with another but i have to swap it and then replace the late in that week even if the rota is covered.

 

I come back to work after a holiday and request to speak to HR on a 1 to 1 basis and i get my supervisor in there as well.

I told them i fell discriminated against cos i'm not pregnant and feel treated unfairly and this is why i haven't got close to where i need.

 

they know i have trouble with childcare and it seems they are a non family friendly company!

 

I am awaiting a response now to my distressful meeting today regarding the issues i have with there arrangement with me (which i have not received anything in writing yet, nor signed a new contract)

 

Just seeking any advise regarding this please - i feel they are pushing me out of my job.

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So 2 staff apply for flexible working hours and one of those is myself.

 

They get what they want exactly, this means they have no alterations to what they have worked over the last few years.

.

 

I am confused - if you are one of the two getting what you asked for, what is the issue?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I am confused - if you are one of the two getting what you asked for, what is the issue?

 

I said they got what they asked for.

 

I did not.

 

and this was displayed below the comment you quoted.

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so your "they" is singular not plural, yes? Your post was unclear, please don't get shirty with me for clarifying before we begin!

 

Was your application a formal one under flexible working legislation.

 

In your application did you include proposals for how the work could be covered.

 

What was their formal written response?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I wasn't getting shirty, sorry if this came across this way.

 

I did a formal application yes and i covered all areas of what i could do and how this would not affect the business (you see it doesn't now) used the online form from directgov.

 

They haven't formally written to me. They verbally told me what i have to do and said they were meeting me half way. However i just feel very depressed regarding this situation as they other person simply got a yes no problem to there. :(

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https://www.gov.uk/flexible-working/after-the-application

 

You should get a decision in writing. I would push for it, as a start point.

 

Employers can only reject an application for one of the following reasons:

 

  • extra costs which will damage the business
  • the business won’t be able to meet customer demand
  • the work can’t be reorganised among other staff
  • people can’t be recruited to do the work
  • flexible working will have an effect on quality and performance
  • there’s a lack of work to do during the proposed working times
  • the business is planning changes to the workforce

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I THINK there is a penalty for not replying in writing to a FWR but it's late (so i'm not checking) and it was years ago when i last dealt with one

 

 

  • The other person may not have asked for as much as you in working outside of their new shift pattern
  • They have made several concessions, this may be enough to be a fair decision of your request
  • You can't be discriminated against for not being pregnant
  • Appeal it reasonably and constructively, you lose your temper you lose your argument
  • If the other person got same as your initial request that should be part of your appeal process and the first thing to do is ask them (in writing if you feel the need) to email why they granted one and your only partially if the requests are identical.
  • Your only legal recourse is sex discrimination if you are female as i assume (just off your avatar tbh, didn't see anything indicating in your post) and with their concessions as i've already said i doubt you would have a good case
  • If you are male, welcome to covering the crap end of the shift stick and disregard everything i said above :)

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[*]If you are male, welcome to covering the crap end of the shift stick and disregard everything i said above :)

 

 

Not necessarily; I have done flexible working for dads before now! The differentiation is caring responsibilities, not gender.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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