Answer by Tracey Guest

The law surrounding employment matters in the context of a business restructure is extremely complex and much more information would be required to advise you on each possible outcome. However, your question is very specific and the advice below will focus upon this.

Assuming you are putting yourself forward for one of the full-time positions and you are successful, clearly the working hours will be a problem. You could accept the position and then submit a flexible working request to work part-time hours, but it seems that you may have already made a flexible working request in February on your return to work. If this was a formal flexible working request under the relevant statutory provisions, you cannot make another formal request in the 12 months following this (i.e. until February 2012). If your original request was informal (e.g. through a brief discussion with your Manager with no set procedure being followed), you may still be able to make a formal request using the statutory procedure.

Following this, the position will depend on whether your flexible working request is accepted or refused. In the event that it is refused, you should seek further legal advice in order to establish whether you have any potential claims against your employer. These could include constructive unfair dismissal, sex discrimination and/or breach of the flexible working procedures.

If you require assistance with submitting a flexible working request, or further information regarding all of the potential options / outcomes relating to your current employment situation, please contact Tracey
Guest on 0161 975 3823.

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.