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  • "Glitzy" started this thread

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Wednesday, August 29th 2007, 5:22pm

Reducing working hours - what are my rights?

Hello

Well that dreaded time has come to think about going in to see my boss regarding my return to work. I have decided to extend my maternity leave until February and am also now wanting to go back part time if possible. Has anyone approached their boss regarding going back part time? If so how did you go about it and what were the reactions?

Thanks
xx


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Wednesday, August 29th 2007, 5:53pm

I can't give you personal experience of asking, but I've been in the manager's position previously so I can summarise the legal position:

Your employer has a duty to return you to your own role or to an alternative role that is equivalent in terms of pay, duties and working conditions.

You do not have a right to return part time (unless you were PT before), but you do have a right to make an application for PT working under the flexible working for parents legislation.

Your employer has a duty to consider your application and must hold a meeting with you to allow to put forward your case (i.e., to show them why your working PT would not cause any significant costs or disruptions to business).

Your employer is entitled to reject your application if accepting it would be unreasonably burdensome but they must give you their reason in writing. You are entitled to appeal their decision to present any further evidence on how your request could be made workable.

If your appeal is rejected, ultimately, you can make a claim to the employment tribunal (for loss of earnings) but the onus would be on you to prove that the employer did not properly consider your request or that their reasons for rejecting your request were unfounded.

To give you the legal protection of the legislation (i.e., that your request will be properly considered), your request has to be in writing, but presumably you could have an informal meeting first before putting in the formal application.

The written application has to include specific details and there is guidance on the acas website about how to write it.

hope this helps

Mousie

  • "Glitzy" started this thread

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Wednesday, August 29th 2007, 6:25pm

Mousie that is great thank you. Had a look at the ACAS website thanks. I am going to go in for a informal chat with the boss next week to see how the ground lies. Just pray he says yes!

Thanks again for the advice.


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Pootle

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Wednesday, August 29th 2007, 6:31pm

I went back part time after a year off at home with E. My manager was really supportive and very pleasant and it wasn't too hard to negotiate the hours I wanted. Friendly, flexible and 'can't do withoutable' would be the way forward I think!

x






My family is complete...I am grateful every day

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  • "Glitzy" started this thread

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Wednesday, August 29th 2007, 6:35pm

Thanks Jodie - thats how I plan to be. The boss is a nice guy with kids himself so Im hoping he agrees!! I work shifts in a small team but we have a lot of cover shifts where there is 2 of us on so Im hoping he will see he could reduce those down if i only work 3 days. I will be mega flexible - fingers crossed!!! I have a 05.30 start meaning a 0400 alarm call and the thought of a wee one and 5 of those in a row just fills me with dread. After a year off with Max I cant ever see me wanting to go back really but the bills need paid eh.


5 x ICSI b.f.n
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Pootle

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Wednesday, August 29th 2007, 6:59pm

It is hard but its kind of better when you're actually doing it rather than thinking about it, if that makes sense! Well, it was for me! Actually, I've just had a couple of months off between jobs and its been FANTASTIC! Go back next Monday and not desperately keen - keep asking my DH if I can stay at home. He pointed out that we won't have a home if I don't get back to work...............!

Good luck!!

x






My family is complete...I am grateful every day

DD1, natural miracle, 2005
DD2, IVF miracle, 2008


crayon

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Wednesday, August 29th 2007, 9:44pm

http://www.dti.gov.uk/employment/workand…orms/index.html

I'm not sure if I've posted the link correctly, but the DTI has forms for formally applying for flexible working (Form A) and ones for your employer to respond to your request.

I used this form to write everything down and sent it to my boss a couple of weeks before coming in to meet him so that he had an idea what was coming and could discuss it with his partners before agreeing anything with me. I told him I was taking a year off and I would want to come back part time before I went on maternity leave to give him a long time to get used to it (I work in a very male orientated profession and I am the first woman in the company to have returned to work part time or at all come to think of it!).

I think it is helpful to fill in something like this because it helps you to think about how you and the people you work with will be affected by you going part time. I put a couple of options for different work patterns on my form, (3 days @7.5hrs or 4 days @ 6 hrs) and I think both my boss and I saw that 4 short days worked better (I'm home for tea every day, my Clients can get hold of me 4 days per week) so this is what we are doing.

A lot of employers are reluctant to set a precedent. They may be very happy to have you back on a part time basis, but worry about having to do the same for someone else in the future. I think you have to cover all angles - suggest the 3 days you want, but also put forward a job share with A.N.Other etc. It is hard going back, but as you say bills have to be paid so if you need to return to work just make it as hard for them to refuse as you can. My feeling was that it would be impossible for me to find a new job starting part time so I had to give it my best shot at getting my old job on a part time basis.

Crayon
x
IUI 2004 - BFN
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  • "victoria82" is no longer a member of FZ

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Wednesday, August 29th 2007, 9:55pm

give it a go, talk to your employer nicely and tell them the reason why you need to go part time. try and do it under the flexible working hours. if you work for a big organisation most of them will grant your request. but they dont have to

i hope they do anyway, let us know what happen hun

  • "1xbaby pls" is no longer a member of FZ

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Tuesday, September 4th 2007, 12:00pm

Can i just ask my friend has asked to go back 24hrs a week, in talking with manager he asked for 28 she agreed, now 2 weeks before her return he said he must have her back 4 full days 32 hours, can he just change his mind???
1st go ICSI - @ royal shewsbury and Telford NHS funded
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15 fertilized - 8 grade A - 2 transfered 30th/3
test date - Thursday 13th April, BFP :D :D :D
:baby: ITS TWINS :baby:
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Tuesday, September 4th 2007, 12:27pm

Quoted

Originally posted by 1xbaby pls
Can i just ask my friend has asked to go back 24hrs a week, in talking with manager he asked for 28 she agreed, now 2 weeks before her return he said he must have her back 4 full days 32 hours, can he just change his mind???


Does she have anything in writing from the organisation/company about what was agreed?

ttc since July 06. 8 cycles of clomid. BFP on cycle 5 (Dec 07) ended in m/c at 9.5 weeks. Second BFP on cycle 8 (May 08)




  • "1xbaby pls" is no longer a member of FZ

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Tuesday, September 4th 2007, 1:03pm

Nope all verbaly agreed i think....i will chk but i reckon not, i think he knows that he can ask cause nothing is in writing. Bummer
1st go ICSI - @ royal shewsbury and Telford NHS funded
25 eggs collected 27/3/06
15 fertilized - 8 grade A - 2 transfered 30th/3
test date - Thursday 13th April, BFP :D :D :D
:baby: ITS TWINS :baby:
M.L & J.F - Born 9/11/06 6w prem (6lb 5oz & 4lb 10oz)

bubble

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Tuesday, September 4th 2007, 1:12pm

Yep, def more difficult when not in writing. Also worth finding out whether anyone else was party to the discussions, and I presume that it would also have been discussed with the HR department (if they have one). The changes would also require contract changes but it sounds as though the dicussions haven't resulted in anything formal? Link back to Mousie's email above as well because she sets out really well the legal requirements both for employees and employer and your friend may have some recourse that way. Sounds as though it hasn't been formally applied for, and formally refused, but she could submit a formal request now and start the ball rolling again. Hope it works out for her.

ttc since July 06. 8 cycles of clomid. BFP on cycle 5 (Dec 07) ended in m/c at 9.5 weeks. Second BFP on cycle 8 (May 08)




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Tuesday, September 4th 2007, 3:14pm

Thabks bubble x x
1st go ICSI - @ royal shewsbury and Telford NHS funded
25 eggs collected 27/3/06
15 fertilized - 8 grade A - 2 transfered 30th/3
test date - Thursday 13th April, BFP :D :D :D
:baby: ITS TWINS :baby:
M.L & J.F - Born 9/11/06 6w prem (6lb 5oz & 4lb 10oz)

  • "Glitzy" started this thread

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14

Monday, October 8th 2007, 9:03am

Wow just noticed I started this post In August at the same time i contacted my boss for a meeting and thats him just arranged to meet me tomorrow aghhh!! So, I am going in to ask to drop one day per week and to add all accrued holidays onto the end of my mat leave (i know nobody else is off so it shouldnt be a problem). Wish me luck ladies!!!! (typical that i woke up today with a huge cold sore - am going to look great going into work tomorrow not!)

I am weridly very nervous about going in!! Is it wrong for me to take Max into a meeting with my boss? Dont really have anyone who could mind him tomorrow.


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  • "victoria82" is no longer a member of FZ

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Monday, October 8th 2007, 9:31am

all the best for the meeting H.

if you havent got no one else to look after him then you have no choice but to take him with you. let just hope your boss will fall in love with him and give you that extra day to drop off :)

Ethel

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Monday, October 8th 2007, 9:34am

Good luck hun - hope you get what you want

I would have loved to look after Max for you x


  • "Glitzy" started this thread

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17

Tuesday, October 9th 2007, 6:35pm

Max would have loved that too Ethel - luckily his Grandma was well today so he went to visit her whilst I was meeting the boss.

The meeting went very well - I go back to work on March 3rd whick makes Max just under 1 year old when I go back to work. I cant ask for more than that, I have been so lucky to be able to have a whole year with him. My boss was also open to the idea of me reducing my hours - the lady who is doing my maternity cover is interested in staying on so he is looking at us job sharing with both of us working annualised hours as opposed to weekly so that would be fantastic for me if it works out. He can only offer me 28 hours on this basis but its only 4 less than I was intending to do so I am hoping dh agrees to it. Im accepting anyway even if he says no. It just all feels a little too good to be true - I am so lucky. Anway he is passing it by HR so I should have it confirmed on Thursday. For now though its nice to know I do not have to think about work until March. A very nice feeling to have.

Thanks for the advice throughout this thread.

H xx


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1 x FET resulting in my gorgeous son born 2007

Ethel

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Tuesday, October 9th 2007, 6:59pm

Ohh thats fantasic hun - hope it all goes through

thats what i am after doing 28 hours too - give that extra day off will make such a difference


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