Could anyone advise on this please......
Discussion
Daughter was interviewed back in march for a part time job with the MOD, she was told in the interview the start time was 08:30 but they can be flexible to a certain degree. It has taken until now for her clearance to come through for her to start.
Then, the woman that interviewed her went on maternity leave. The line manager, who wasn't part of the interview process, said she has to start at 08:30, no flexibility. The independant interviewer has spoken with them and told them they are being silly for the sake of three quarters of an hour.
The line manager then told her she could start at 9.15 but have a lunch break and then go back for an hour which she agreed to. Now he is saying she can only do it for 2 weeks and then she has to start at 08.30. She has a 4 year old son who has to be taken to school everyday for 08:55 and we feel they are discriminating against her for having a child.
Then, the woman that interviewed her went on maternity leave. The line manager, who wasn't part of the interview process, said she has to start at 08:30, no flexibility. The independant interviewer has spoken with them and told them they are being silly for the sake of three quarters of an hour.
The line manager then told her she could start at 9.15 but have a lunch break and then go back for an hour which she agreed to. Now he is saying she can only do it for 2 weeks and then she has to start at 08.30. She has a 4 year old son who has to be taken to school everyday for 08:55 and we feel they are discriminating against her for having a child.
Have they given a reason why she cannot start at 9.15?
I'd be inclined to ask them to speak to the woman who interviewed her to confirm that she agreed they would be flexible.
As a point to note, it's often worth putting these things in writing (I know, hindight is 20/20 vision) even if when you accept the position just state I am pleased to accept and appreciate their agreement to permit you to start at 9.15 etc....
I'd be inclined to ask them to speak to the woman who interviewed her to confirm that she agreed they would be flexible.
As a point to note, it's often worth putting these things in writing (I know, hindight is 20/20 vision) even if when you accept the position just state I am pleased to accept and appreciate their agreement to permit you to start at 9.15 etc....
Jasandjules said:
Have they given a reason why she cannot start at 9.15?
I'd be inclined to ask them to speak to the woman who interviewed her to confirm that she agreed they would be flexible.
As a point to note, it's often worth putting these things in writing (I know, hindight is 20/20 vision) even if when you accept the position just state I am pleased to accept and appreciate their agreement to permit you to start at 9.15 etc....
That's not so easy as it's an Army Camp and she hasn't a pass to get on yet. She's repeatedly said this but, as I said, she's on maternity leaveI'd be inclined to ask them to speak to the woman who interviewed her to confirm that she agreed they would be flexible.
As a point to note, it's often worth putting these things in writing (I know, hindight is 20/20 vision) even if when you accept the position just state I am pleased to accept and appreciate their agreement to permit you to start at 9.15 etc....
As she has a child under the age of 6, she has the right to request flexible working conditions.
The employer is entitled to say no, but all the onus is on the employer to demonstrate why the requested flexibility would prevent her doing the job, not on her to show why it wouldn't. For example, a supermarket would have no problem showing that one of their shelf stackers couldn't work from home, but they'd find it near enough impossible not to allow a parent to only work shifts which allowed them to take their kids to school.
The above certainly applies for employees already in the job. Not sure about applicants, but if she's looking at starting now, she can presumably get a couple of weeks under her belt before her son starts school, and then make the request again?
The employer is entitled to say no, but all the onus is on the employer to demonstrate why the requested flexibility would prevent her doing the job, not on her to show why it wouldn't. For example, a supermarket would have no problem showing that one of their shelf stackers couldn't work from home, but they'd find it near enough impossible not to allow a parent to only work shifts which allowed them to take their kids to school.
The above certainly applies for employees already in the job. Not sure about applicants, but if she's looking at starting now, she can presumably get a couple of weeks under her belt before her son starts school, and then make the request again?
B Oeuf said:
Cheers Kermit, apparently it isn't cast in stone and the employer can use a variety of reasons not to be flexible.
She is calling him today to meet and discuss
Indeed, that's why my first question was what reason have they given? They don't have to agree to the request but they must look into it and give a good reason to refuse.She is calling him today to meet and discuss
Edited by B Oeuf on Thursday 20th August 08:30
London Underground tried this with a female driver and said Nooooo - We can't possibly do family friendly hours, we have rostas and times and things that have to be stuck to
The Employment Tribunal pointed out that they had enough staff to do a workaround and it's now a quoted case
I see some similarities here...
The Employment Tribunal pointed out that they had enough staff to do a workaround and it's now a quoted case
I see some similarities here...
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