rights to return to part time work

hi everyone hope your all ok and bumps are well too, i have made the decision already that i would like to return to work part time 3 days a week i currently work full time.
I am aware that your employer has to give a damn good reason to refuse you part time work and i was told that there is a list of reasons that they can give in employment law but i cant seem to find any info onthe net anyone got any ideas please.

thank you xxx

Posts

  • The reasons to refuse your right to request flexible working is as follows:

    Burden of additional costs
    Detrimental effect on ability to meet customer demand
    Inability to reorganise work among existing staff
    Inability to recruit additional staff
    Detrimental impact on quality
    Detrimental impact on performance
    Insufficiency of work during the periods you propose to work
    Planned structural changes.

    However, they must apply the reason to your situation. For example, they cannot just say there is a 'detrimental impact on quality' they need to tell you exactly why there is a 'detrimental impact on quality'.

    Remember you are also covered by the Sex Discrimination Act because women are generally the main child carers.

    We really need a legal forum on here! Hope this helps.
  • I intend to return 3 days too, I work full time at the moment. I just hope that I will be able to do so..............I leave in 4 weeks time & still nobody has asked me what I want. I believe that companies, who want you to go will find a way to get rid of you...............& they seem to get away with it too. This has happened to a couple friends.
  • Hi I also want to go back part-time but haven't said anything to my MD about this yet, didn't want to rock the boat and they have no right to ask you to commit to that beforehand I believe, but if they do refuse after you have taken your holiday entitlement for the year so that you can't go back does that mean you have to pay back that holiday entitlement?

    Thanks Em x
  • HI girls as far as I am aware you do not have to pay back holiday entiltlement if you were due it, however if you are only off for example for 6 months yet used up all of your entitlement then you can be expected to either work it back or pay it back. For example I am taking 9 months paid leave therefore my boss has agreed that I can take 25 days holiday before but my other five can't be used until I return to work. With regards to going back full or part time they leagally have to consider this however can use the points mentioned above to get out of it. Hope that helps?
    Tammi xxx
    32.5 wks
  • I intend to return 3 days too, I work full time at the moment. I just hope that I will be able to do so..............I leave in 4 weeks time & still nobody has asked me what I want. I believe that companies, who want you to go will find a way to get rid of you...............& they seem to get away with it too. This has happened to a couple friends.

    You need to write to them and make a request under the statutory request for flexible working. I would also include if you propose to work three days per week then offer solutions for the other two - such as a jobshare or division of work or for them to recruit someone else for the other two days.

    Also, you have protection under the Sex Discrimination Act (which is an easier claim to pursue if you are not happy with the REASONS) as normally this is indirect discrimination as fewer women can comply with f/time as they are the main child carers.

    Hope this helps x
  • Hi I also want to go back part-time but haven't said anything to my MD about this yet, didn't want to rock the boat and they have no right to ask you to commit to that beforehand I believe, but if they do refuse after you have taken your holiday entitlement for the year so that you can't go back does that mean you have to pay back that holiday entitlement?

    Thanks Em x

    In respect of holiday entitlement that will depend upon your contract. If they deduct from your final wages any overpaid holiday then the right to deduct must be contained in your contract of employment which has been signed by you. If there is not a clause in your contract and they deduct then this will be classed as an unlawful deduction of wages and you can take your employer to a tribunal three months LESS than one day from the last deduction. Any solicitor advising your employer would tell them to pay the money back to you.

    Hope this helps xxx
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