Asked for change of shift, but they have offered a flexible one

Well done for putting your request for flexible working arrangements in writing to your employer and for making it clear that your current hours make it difficult for you to drop off and collect your daughter from school.

The law requires your employer to consider your request carefully, taking into account the benefits to you of the changes you seek and weighing these against the adverse impact, if any, that implementing the changes would have on the business.

While all employees have a right to request flexible working there is no right to insist on working specified hours or a particular shift – even if to do so would help you better manage childcare.

However, where a vacancy exists on a shift which would accommodate your childcare responsibilities a refusal or ‘conditional acceptance’ as in the circumstances you describe, could land your employer in hot water.

This is because a request for flexible working arrangements may only be refused for one of the following ‘business reasons’:

• the cost of implementing your proposal would be burdensome on the business
• your current work could not be reorganised amongst existing staff
• your employer would be unable to recruit additional staff to cover your work
• your proposal would have a detrimental impact on quality
• there would be a detrimental impact on performance
• your proposal would have a detrimental effect on your employer’s ability to meet customer demand
• there would be insufficient work for the periods you propose to work
• your proposal would not fit with a planned structural change to the business.

While your employer hasn’t refused your request outright, seizing the opportunity to place you on a flexible hours contract such as would only benefit the business, isn’t the correct approach to take.

As a working mum with childcare responsibilities you shouldn’t be forced into accepting a new contract where this would place you at a disadvantage compared with others who do not have similar caring responsibilities, not least where the new contractual terms are likely to render your child care arrangements even more problematic.

I note too, that it has been three months since you first made the request. The law requires all requests, including any appeals, to be considered and decided upon within three months of receipt of a request, unless you agree to extend this period with your employer.

As it would appear that your employer has failed to deal with your request in a reasonable manner, it would be open to you to pursue a claim in the Employment Tribunal.

Should your employer unjustifiably force you to accept a flexible hours contract in circumstances where your proposal could reasonably have been implemented, you could in addition, pursue claim of indirect sex discrimination in the Employment Tribunal.

Moreover, forcing you to accept a flexible hours contract is likely to undermine the employment relationship such as would entitle you to resign with immediate effect and, as you have two years’ continuous service, pursue an Employment Tribunal claim for constructive unfair dismissal.

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