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Flexible working after adoption leave. - help!

London Adopter July 9, 2019 11:52

Hi everyone I wondered if anyone has any advise for us! Please!

My partner and I recently adopted a 10 month old baby and I chose to take the statuary adoption leave, and my partner carried on working as he is a teacher and has generous school holidays off work. I work for an airline, and the Right To Request Flexible Working has always been on offer to us upon return... As soon as we we’re placed with the baby a few months back, I requested part time for my return to work next year, they replied within the statuary time scales and I have just heard that my request has been rejected on the grounds that the business can not support it due to manpower issues, etc. I believe lots of people who want to be part time for various reasons are being rejected too.... but some will be accepted depending on their circumstance.

I made the request citing that unlike a birth family unit, adopted children need to maximise their time with their adoptive parents for as long as possible, and given the baby’s age this is more important as they simply won’t be able to understand us telling them than I’ve gone away for a few days to work and will be back. This time as you know is key to positive attachments forming and helps the adoptive family become a success.

The local authority we adopted through has written to my company explaining that they support part time, but it seems to have had little impact. I have contacted my union and they will look into it. I feel it might be back to plan B, which is having to leave.... BUT until then... can anyone recommend any way forward to strengthen my case, ready for an appeal?

Thanks very much for your help!

Edited 17/02/2021
Bluemetro July 9, 2019 19:48

Our DS was also 10 months old. I went back part time so I had two week days as well as the weekend with him. For him this was important as he got tired on a long day and needed so more relaxed time with just the two of us. We also found we needed the time for appointments. For both of you too it can be hard and it helps to have the time at home.

I don't have any suggestions regarding your employer agreeing, but hopefully someone else may be able to help. I understand that your employer will not agree to working part time. Would there be an opportunity to work as ground staff for a while part time?

Edited 17/02/2021
Serrakunda27 July 9, 2019 20:58

I take it you are flight staff and have to be away for a few days at a time ? I'm just throwing questions out now,

what would part time working actually look like? Are there any alternative patterns of working ? Any alternative roles in the company that don't involve being away.

Although your partner has school holidays, what is the childcare if you are working in term time

You could just leave it for now and make the request nearer the time as business conditions may have changed by then.

Unfortunately there may just be some jobs where its just not possible, I gave up a much loved job before being approved because I knew that with the best will in the world I just couldnt make it work.

Edited 17/02/2021
Safia July 9, 2019 23:27

My understanding is that the employer only has to consider your application for part time work not provide it - so it would depend on a whole lot of things including what sort of roles are available and how feasible it is for the company to operate with people working part time in certain positions. I think your best bet is to talk face to face with HR about what sort of options might be available including change of role. Don’t forget part time itself may not be completely the answer if you are away for several days at a time - that might be quite difficult / unrealistic with a small child just settling into your family (though not necessarily impossible) and also depend on what is possible for your partner. As Serrakunda suggested you might be best to consider changing your job / role completely.

Edited 17/02/2021
Edipeeps July 10, 2019 11:01

Hi

Did you look at the details on the ACAS (Advisory, Conciliation and Arbitration Service) website. Lots of useful information there:-

http://www.acas.org.uk/index.aspx?articleid=1616

In the case of flexible working requests, the onus is on the employer to show that they meet the criteria for turning down requests. Whilst is of course role and company specific, I have heard of a number of large organisations effectively operating a blanket rejection policy that would not stand up to scrutiny. Sadly, the reason people want to make requests is to stay in a job they love and employers appear (at least from the outside) to bank on people not wanting to rock the boat and push back on a rejection.

If the organisation is large and can recruit to back fill your the part-time role you are vacating, it should be difficult for them to turn down everyone's requests. Each person's request is to be considered separately, though. That can include what other flexible working arrangements are in place for other people. If there are shifts that become unmanageable, for example, due to the numbers of people working irregular patterns, that might provide a justification for turning down further requests. However, the employer still needs to justify the business reason for turning down the request. You really need to consider whether the reasons you are being given are reasonable or a misrepresentation of the position. Equally, it is true that some roles do not allow for certain flexible patterns (e.g. think of flight attendants who want to work 2 hours a day)

There are a couple of routes to challenge the decision - see ACAS website. You may also have a right of review in terms of the policies at your work (by raising a grievance for example). ACAS Arbitration or Employment Tribunal are the main external means of challenge.

Watch out for timescales - only one application within 12 months. Not sure on timescales for appeals etc. Worth checking as that might be your only recourse before return to work.

You could also air with your company whether there is an alternative form of flexible working that might work for them. Is this a blanket no or just no to what you asked for?

Good luck!

Edited 17/02/2021

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