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Flexible working turned down
On returning from maternity leave I made a request for flexible working. The timetable in the policy was not kept to and they refused my request. I therefore appealed, but no meeting has been arranged within the timetable outlined in the policy. I was turned down on two grounds that are allowable under the legislation, but I suffer from anxiety and believe I have a right under the Equality Act to flexibility. What can I do?
Your situation potentially gives rise to a number of possible complaints and options, but they could only really be assessed following a consultation with a solicitor. I would suggest that you look into getting formal advice if you can.
In terms of your immediate options, you should consider emailing to ask for their decision on the appeal as a matter of urgency, perhaps with a deadline (seven days?) and with reference to their failure to provide a final decision within the two months required by law (so that you have it down in writing if it isn’t already). Your next step after this will very much depend upon their response, what outcome you are hoping for, and what claims you may or may not have.
One option might be to raise a grievance about the process they followed (and the failures within it) and the decision they have made (looking in particular at any incorrect facts they have relied upon and/or discrimination that you feel has occurred). However, that may not be the best way forward if, for instance, you have already fully covered all those points in your appeal, and they have responded to them (as it might be seen as simply a second attempt to appeal).
An early conciliation notification to ACAS may be the next step, or even resignation followed by early conciliation, but this is clearly a very serious step and shouldn’t be taken without bespoke advice from a solicitor. Another option might be to initiate discussions about a severance package – the relationship seems to be deteriorating and the best option for all parties might be a clean break – but this is something you should propose very separately to the main conversation and on a “without prejudice” or “protected conversation” basis.
What you should bear in mind is that you have three months from the date upon which the decision was provided or the date upon which the two-month decision period ended (or later date if you agreed an extension at any point) to commence the early conciliation process through ACAS if you want to pursue a claim.
Again though, I would suggest that you consider taking formal advice on this situation as it could be quite complex and your options will be fact dependent.
*Marie Horner is an experienced senior employment law specialist at ALT Legal in Wetherby.
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