Answer by Tracey Guest

Q And A

How do I pitch my flexible working request: ask the expert

I am planning to return to work in September after taking my 52 weeks maternity and some owed holiday. I am wanting to request flexible working and have found forms etc to help me do this. However, my hours were not 'fixed' as I am a head chef in a hotel and my contract states that I work 39 hours or to the 'needs of the business' which seems to be a very loose term! I do my own rotas and those of my staff and this consists of a mix of early, mid and late and split shifts. If we are low on staff I can end up doing 70+ hours or 6 / 7 day weeks to cover. If myself or other staff mention we feel we are working too much we currently get told if we don't like it we can go. I don't think my request will be successful therefore. A few colleagues have told me they think my boss doesn't want me back. Also, I am not sure how to word the request as my hours were never set in the first place. Any suggestions on how to go about this woud be much appreciated.

Making a flexible working request can be worrying especially when you already feel that your employer will not be open to the suggestion. In your case you should make your request under the statutory right to request flexible working. This will mean that your employer is required by law to deal with your request within certain time limits. If they do not keep to those time limits, then you are able to make a claim against them.

It is not clear from your email what hours you would like to work when you return but you will need to set out that you currently work a minimum of 39 hours per week. Then explain what hours you would like to work, whether you do not want to work evenings etc. As part of your flexible working request you need to think about how the change in your working pattern may cause difficulties for your employer and put forward suggestions as to how those difficulties can be resolved e.g. could they use agency staff when they are low on staff rather than you having to cover the extra shifts? Or could you do your job on a job share and they could recruit someone for you to job share with? Try and be creative in how the change in hours could work.

Your employer may only refuse your flexible working request if they have proper business grounds to do so. These business grounds are as follows:

- The burden of additional costs

- Detrimental effect on ability to meet customer demands;

- Inability to reorganise work among existing staff;

- Inability to recruit additional staff;

- Detrimental impact on quality;

- Detrimental impact on performannce;

- Insufficiency of work during the periods you are proposing to work; and/or

- Planned structural changes

If they do not use these grounds to refuse the request or use these grounds in an unreasonable manner, then you have a claim for sex discrimination. You could also choose to resign and claim constructive unfair dismissal. If you would like some further advice either on your application or in relation to pursuing a claim then please give me a call.

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. Sarah Calderwood has assisted with this answer.

Related tags: Flexible Working | Long hours culture