Workingmums.co.uk - connecting mums and employers

Answer by Anna Docherty

In law, a verbal agreement can be binding on both parties. However, I am presuming that there were probably no other parties present when you agreed the 4 weeks notice with your boss and that there is nothing in writing from your boss. In the end it would come down to your word against his/hers. Also there is nothing in law that lays down notice times for shift working so that is why you could not find anything in your search.
You have a couple of options open to you.

1) You could put in a formal grievance to your employers using the process in your Employee Handbook if there is one or using the statutory grievance procedure. This would outline that you were verbally offered 4 weeks notice and that has been changed with no discussion by your manager. This might lead to them agreeing to agreeing to the 4 week notice at which point you would need this confirmed in writing.

2) As a parent with a child under 6, you are entitled to put in a formal request to your employer to change your working arrangements under the Request for Flexible Working regulations. Providing that you follow the appropriate procedure when submitting your Request, (either the statutory guidelines or those set out in your Company’s Handbook) your employer has the duty to consider the request properly. There is a specific statutory process in place to apply for flexible working - please refer to the DTI website. This would allow you to request specific work days so you can arrange a nursery for your child. An employer can refuse a request for flexible working if they can demonstrate an inability to rearrange work among existing staff; burden of additional costs; detrimental effect on the ability to meet customer demand; inability to recruit additional staff or a detrimental impact on quality or performance.

If a request for flexible working is refused, you might be able to claim a breach of flexible working legislation or even possibly for sex discrimination but at this point you would need to obtain independent legal advice.
All the best with this!

While every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or ommissions. This information is not intended to be a substitute for specific legal advice.

There are currently no comments on this post.

Comments

You need to register / login to post comments

 Post this comment anonymously

Most recent questions from Employment advice

• I am trying to establish my rights regarding carrying over holiday from one company holiday year to another whilst on Maternity Leave.  My baby is due on 04/01/2009 and I want to take a year off. Can I then carry holiday accrued that year over? My employer says no.

   

• I was dismissed from my last company for what they deemed to be 'Gross Misconduct'  for failing to follow up a telephone query. I got on well in my job, but my team manager always seemed to pick on my work.  A friend who works there says I may have been unfairly dismissed. Do I have a case?
• We have a temporary worker, via an employment agency, who has finished a 10-month contract.  Their remuneration was a mix of hourly rate plus a 1% commission on any sales made. Is holiday pay due on the commission as well as the hourly rate?
• I am nearly 31 weeks pregnant and last week I was told I would be moved to a department two managers know I won’t be happy with. I think this is a result of me mentioning flexible hours on my return. I feel as if I am being pushed out.
• I work as a locum, through an umbrella company.  I have been employed through an agency for a few years now. Am I entitled to any maternity leave?
• On maternity leave, I was asked what hours I wanted, but my ideas were rejected. My job was cut to 25 hours per week and those hours absorbed by other staff. I was offered another full-time post, but with no flexiblity, unlike my previous post - it starts at 7.30am [when nursery opens - I have a 45 minute commute]. What can I do?
• Before going on maternity leave I represented my partner in a disciplinary process which led to him being unfairly dismissed. The case is going to tribunal and all of a sudden I am being investigated. I have been asked to come in for an ‘investigation’ meeting. Do I have to go? The stress is affecting my care of my baby.
• I recently gave in my notice at a GP surgery. Since doing this, I was reprimanded after ordering some items for family without knowing that we are only allowed to order for immediate family members. I returned the goods, but am now under investigation and feel under great stress. I have three weeks to go, but want to leave early. Can I?

• I am returning from maternity leave.  I have requested to work part time, but have been offered a part time role which is significantly below the level I was working.  I want to refuse but am aware that this could make me look ‘difficult’. I feel trapped and don't know what to do.

   

• I am a senior manager due to go on maternity soon. My company have recruited someone to partly cover my role and also do other duties. I was not consulted about this. I am concerned about job overlap when I return. What are my rights?

All Employment advice questions

Ask our experts