Q And A
No response on flexible work request: ask the expert
I am due to return to work in 12 days and my employer still have not answered my request for flexible working. I had a meeting with my manager almost four weeks ago about my request. He didn't answer me within two weeks, so I contacted my head office they said they'd look into it. I heard nothing from them until I called them again two days later, they then contacted my manager and he was going to look into my request with the rotas that evening. I called my manager the next day to find out what was happening, he advised me what he might be able to offer once he had spoken to his manager! I have now not heard anything since last week, since I rang my manager. What should I do now? I still haven't confirmed my childcare as I don't know what days I need it for.
Answer by Tracey Guest
Provided you have made a proper flexible working request, then a failure to follow the set procedure by the employer can allow you to claim compensation of up to eight weeks' pay. According to flexible working legislation, your written request for flexible working should be replied to within 28 days and a meeting arranged to discuss the request. Within 14 days of this your employer should notify you of their decision.
If the request is unfairly rejected then you can also claim sex discrimination and resign and claim constructive unfair dismissal (which attracts additional compensation).
You will only be able to appeal once a decision is made on your flexible working request. For now you will need to chase and/or put in a grievance to try and get a response. If your employer continues to fail to respond you will need to decide whether to resign and claim constructive unfair dismissal and sex discrimination.
Tracey Guest is head of employment and a partner at Slater Heelis in Manchester. She specialises in employment law and is also a working mum.
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