Advice & Support

Homeworking rescinded: ask the expert

I need some advice around the following issue.  I work for a local authority.  I applied for homeworking under the permitted policy some 4 years ago.  This was agreed that I could work from home 2 days a week, normally fixed but flexible both ways around meeting requests and other work commitments.  They set me up with connections at home so I can access all the systems, have email and my office extension diverts home so just like being in the office.

I had a baby in 2009 and returned to my post early in 2010 where this agreement continued.  I have either worked one day at home and taken a days leave so I can spend time with my child or worked 2 days at home if work loads have required me to do so.

Although I followed the correct procedure at the time, the then boss failed to follow this up in writing and did not issue me with a homeworking contract which does say is required under the Policy.

As far as I’m aware there have never been any issues with my homeworking and I have two different line managers and there has changes of staff in my immediate team.

However, a few months a go the overall boss warned me and a couple of others that they were looking to review homeworking.  At the time I got very upset and told the boss that I rely on my working arrangement to juggle childcare and working full time.  The boss was quite caring and said they’d try to help me out.

We heard nothing and then and few weeks ago we were told in a meeting that they are stopping homeworking and removing the facilities we currently have.

Their reasons being that it no longer fits business needs following a wider team restructure.  There are now less staff (although actually more in my immediate office with 2 people on higher grades), that it is preventing sharing common working practices, supervision of newer member of the team (I do not have any direct supervision responsibilities), and that it is not fair that we have the facilities when other people are asking for it.

They are saying we can still do home working ad hoc dependant on business needs or if we have any meetings go and work in the nearest area office but they do not want people have a fixed number of days at home.

This is no good for me as I have set up my child care around my current working arrangements and there are no local offices I attend where I could work instead.

I did argue my case but they were unwilling to listen.  They were not very caring and said my reasons are no more special than anyone else who might want this arrangement.

They have not yet followed anything up in writing but again the policy states 30 days notice in writing is required.  Nor have they had every team member in the office in who has the facility to work from home.  This is supposed to come into effect in the next few weeks.

Please can you advise what can I do?

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Flexible working request refused: ask the expert

I am about to return to work after 10 months maternity leave. I was a full time Marketing Manager and requested to return 3 days a week (21 hours). It was refused, and all they stated was "for purely business reasons". Now, they've offered me (and I've accepted) a three-month contract doing a role part time, but after that I will have to return to the Marketing Manager role full time, or resign. What can I do?

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Related tags: Flexible Working

Changing return to work date: ask the expert

I have written to my employer stating I will return to work in September. Can I withdraw this date and take the rest of my due maternity leave?  I have also asked to reduce my hours which they have declined without a valid reason other than 'staff restrictions'.  The staff situation is the exact same as it was when I went on leave and there was never a problem before with me normally completing my required duties well within the time given so I don't see that finishing one hour earlier per day is going to cause any significant concerns.  I know I can appeal this and I am considering doing so, but I don't know where to start.  The main thing I need to know, though, is can I withdraw my return to work date and also if I decide not to go back where do I stand in terms of statutory maternity pay that I have received. Should this be paid back? Please help!

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Job share offer rescinded: ask the expert

After taking 12 months' maternity leave it was agreed with my current employer for me to return on a job share basis for 2.5 days per week. As the other employee in the job share was not due to return to work at that time I was granted an additional four months' unpaid sabbatical. As the job share was a new concept for my employer it was agreed in writing that it would initially be on a trial basis to be reviewed after six weeks to see if the arrangement was working. It was reviewed at that point and we were then verbally told that we would be put onto a fixed-term contract for two months.We did not receive anything further in writing at this point. We have now been told by our employer that they feel the job share is not working, but have not been told specific reasons as to why they believe this to be the case. Again we have received nothing in writing to inform us of this. The ultimatum we have now been given is to return to work for three full days and two half days per week, otherwise they can no longer offer us positions with the company. Before going on maternity leave I had done seven successful years for this employer and now feel as if I am being very harshly treated and ultimately being discriminated against.
I would appreciate your advice on the following points: 1. Were they within their rights to offer me only a trial period for this job share when I had previously been on a permanent contract before my maternity leave? 2. Should they have documented in writing to me when the job share was reviewed after six weeks that I would be put onto a fixed-term contract? 3. Should they have documented in writing the reasons why they feel the job share is not working?

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Flexible working rejected: Ask the expert

I am currently in a home-based role with 3/4 days per week working from my home/office. My request was to "work 5 days" per week as per normal but with Monday & Friday afternoon's unpaid so I can spend time with my child. I also indicated that on Monday & Friday mornings there is a chance my child will be in the home, but I will still be working (e-mails / phone calls etc). They have rejected the application on 3 major points: 1.) Role Capacity: They have confirmed that the current role "demands a high degree of flexibility and often additonal hours over and above the norm". they therefore have concerns about my ability to continue in this role on signifanctly reduced hours (4.5 hours over a week!). Are they correct to admit that this role involves so many extra working hours as effectively I am only requesting to drop 4.5 hours per week?2.) Customer Demands: They stated that the role demands I respond to customer requests immediately (telephone /e-mail) & my reduced hours will affect this ability. The only issue here is that I have committed to keep my phone with me & answer calls (even in my unpaid period) & thus I will be available to answer/return calls as & when required and I cannot see how this would differ to any other employee who works full time hours & maybe commutes in London. 3.) They are not happy about me admitting that my child will be at my home/office for some of the time I am working at home. I know of a few colleagues who have these arrangements already in place (be it formally or informally). Do I mention these examples? Although I know little about legal rights in employment, I feel there may be some holes in my employer's response as per above & Do you think I have much grounds for appeal?

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