Legal Question in Employment Law in United Kingdom

Hi, I have problem at work, it's a little complicated. On Monday I suppose to come back to work after maternity leave. My baby has 9 months and is going to the nursery only for part time from 7.30-1.00, because we don't have money for more. My partner is working in the same company from 15.30, I suppose to work till 15.30. I applied for flexible working patern, but my application was refused. They told me there is no person working part time, only people who are doing job share, and they explained me if they won't find person to cover all shift, they can't agree for my flexible working , I need to work till 11.00 to look after my baby. I know there are girls who are working part time and don't have cover rest of the shift, so manager lied to me. I have names few girls who are working part time. I know there are more girls, who are coming back from maternity leave very soon, they had the same problem as me. I know that some girls get part time, because their partner or husband is or was a supervisior. I would like to know if I can do something with this case, do I have any chances in employment tribunal?


Asked on 4/19/12, 1:43 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

You need to tackle with this issue very politely but diplomatically. Request your boss to permit you to work part-time from 07.30 to 13.30 which makes it 5 hours per day and 30 hours per week. This will enable you to be home by the time your baby comes back from the nursery. If I am not mistaken, the UK labour laws permit confirmed female employees to work a 30 hour week shift and get paid for it. The Company is only paying you for the actual hours worked in a week. You should yourself take the initiative to provide your boss with a part-time female employee known to you from your relatives or friends circle, who is as competent as you are, and who is willing to bridge the time gap from 13.30 to 15.30 and is keen to continue working longer for the full shift, and get paid for it. I am unable to understand what you mean when you say that you are required to work till 11.00. Are you employed in a Call Centre which has a twelve hour working shift ? Can you please clarify.

Adopt the line I have mentioned above and try to amicably resolve the issue with your employers. I will tell you when if and when it is necessary to take legal recourse to the employment tribunal.

You can mail me with details for any further on-line legal advice at [email protected]

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Answered on 4/20/12, 4:29 am


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