I need a set shift due to childcare: ask the expert

I am due to return to work from maternity leave in June. My position is 16 hours per week on a 7-day shift pattern (different days each week). I have made a formal flexible working request for set days/shifts (for wk days only) to enable me to get childcare for my son, but this has been declined. I am currently waiting for a meeting to be arranged to discuss this. As it stands I cannot return to work without set days as my son needs to go to a childminder/nursery and because I don’t know which days i’ll be working from one week to the next they cannot accommodate him. So I’ve asked if I could only work the late shifts on week days (weekends are not a problem as my husband is at home) then my mother could look after him and then I wouldn’t need set days. But this was also declined, even though my work colleagues were more than happy for me to work the late shifts only. Please help.

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Your employer must be able to objectively justify the refusal to alter the shift pattern to accommodate your needs. The decision not to allow a change could constitute indirect sex discrimination as women are more likely to be affected then men because they are more likely to have caring responsibilities.

I would prepare a business case ready for the meeting which includes written signed agreement of your colleagues that you work specific hours only with an impact assessment of your proposal.

Comments [2]

Amy Mcintyre says:
13th October 2016
I have recently went back to work after maternity leave and i have two children one 5 and one 10 month. My mother used to help me with childcare but unfortuately i am her full time carer due to health issues she struggles to look after my children i only work 22 hours am i entitled to set shifts
Reply
- Mandy Garner says:
  13th October 2016
  Hi Amy,
  You can apply for flexible working to have set shifts, but your employer can turn this down for several reasons – see https://www.workingmums.co.uk/flexible-working-a-guide/
  Reply