Workingmums.co.uk - connecting mums and employers

I have been on maternity leave for 6 months and want to return. I would like to remain in the same role as a sales manager, but reduce my hours from 9.00-5.15 to 9.00-3.00 (but with no lunch) so I only miss out on 1 hour. My work is not happy about this. They have found me a sales role, which means a pay drop and with reduced hours this would make my life financially difficult.

It is not clear whether you have made a formal request for flexible working. If you have only had verbal discussions about changing hours then you should consider making a formal request. There is a set procedure that should be followed which states that the request should be made in writing and should give details of the changes to hours that you are requesting and the reasons for the request. Upon receipt of this your employer is legally obliged to meet with you to discuss the proposed change within 28 days.

Unfortunately, the right is only to request flexible working; your employer does not have to agree to it if there are business reasons to reject the proposal. There are grounds upon which the request can lawfully be refused, including, burden of additional costs, inability to re-organise work amongst existing staff or to recruit new staff and detrimental effect on ability to meet customer demand. Your request is to reduce your hours by one hour a day and it is not clear on what grounds your employer is refusing your request.

However, provided that the employer follows the correct procedure and gives business reasons for the decision to refuse the request, there is little scope for complaining to the employment tribunal under the flexible working legislation. If you have reason to believe that the request has been unreasonably refused, it may be possible to bring a claim in the employment tribunal for indirect sex discrimination. This indirect sex discrimination claim arises where an employer insists that you work hours that are more difficult for women to work than for men to work (for example, due to childcare) and where this requirement is not objectively justified, for example, if you do not think the reasons given by your employer for refusing your request are justified.

If you have exhausted the flexible working procedure and your employer refuses to allow you to change your hours, the options for you are:

Return to work to your existing role and hours
Return to work to the sales role
Resign

For options two and three, it may be possible to bring a claim for sex discrimination, but before considering this it is essential to seek further legal advice on your individual circumstances.

Based upon limited information, this gives a general overview only and the flexible working position at the time of writing. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained has changed since publication. For further information and advice, please contact Lemon&Co Solicitors on 01793 527141 or visit their website: www.lemon-co.co.uk.
Helen Climance is a solicitor and part of a team of four employment law specialists at Lemon&Co Solicitors, a leading full service law practice based in the centre of Swindon. Helen has been practising employment law since 2002 and has extensive experience of advising employees and employers at all levels. She has successfully brought claims to the employment tribunal and she regularly runs seminars in her field. Away from work, Helen has two children aged seven and four.

If you have any questions on childcare, employment rights, work life balance, career development, education or setting up your own business email mandy@workingmums.co.uk