family friendly refused

[kazordoon]

Because I have 2 young children of school age, I applied for a change of shift from the night shift to the early shift through a family friendly application (flexible working) but it was refused by the resourcing manager on the basis that they needed people on the night shift.
a couple of weeks later the mail centre were i work started to bring in agency staff on the early shift, the same shift I was refused.
Apparently I cannot apply again for a family friendly duty in the next 12 months.
So my question is if I can make a complain and ask a revision of my previous application or take the case to the ET.
Thank you.

[fishtank]

Your employer must consider your request on business grounds. They can only reject your application for one of the following business reasons:

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 the employee proposes to work
planned structural changes

If your application is rejected, then the written notification should include:
the business ground(s) for refusing
an explanation why the business ground(s) apply to your application
details of your right to appeal
the date your employer is writing to you

Appealing your employer's decision
You have the right to appeal your employer’s decision. You can do this on a number of grounds, including:
to bring something to your employer’s attention they may not have been aware of when they rejected your application
to challenge a fact your employer used in applying their business grounds for rejection
You cannot appeal if you simply disagree with the business grounds for refusing your request.
If you want to appeal, you should tell your employer as soon as possible.

Appeal template letter.
http://www.direct.gov.uk/prod_consum_dg ... 179583.rtf" onclick="window.open(this.href);return false;

Holding an appeal meeting
Your employer must hold a meeting with you to discuss your appeal. They should do this within 14 days of you telling them you want to appeal. They must agree the date with you.
You have the right to be accompanied to the meeting with a fellow worker or trade union representative. Your employer must notify you in writing of their decision within 14 days of the meeting.
If you cannot attend the meeting, tell your employer as soon as possible and rearrange the meeting. If you miss two appeal meetings, without good reason, your employer can consider your appeal withdrawn.


You may be able to make a complaint to an Employment Tribunal if:
your appeal is refused, but you still believe you have grounds for an appeal
you are dismissed or suffer detriment (eg refused a promotion or pay rise) because of your application
your employer didn’t follow the correct process when handling your application
Before making a claim to an Employment Tribunal, you should try to resolve the problem with your employer.


Remember before you take your case to an Employment Tribunal you must first exhaust the internal grievance procedure.

[coxie]

Yeah appeal it mate and get some union backing on this, it is now a law and they can't refuse without a law binding reason. It's not your problem if they need night staff, they can ask if any of the day staff would like a night duty or they can do what they done with the early shift and recruit new people. It's not unviable for the business to transfer your shift therefore I think they have turned down your request unreasonably, even if an appeal doesn't work I would put in some grievances if I was you.

[steven100]

Yeah appeal mate, even if you only get temporary.

[REDLETTER]

Because I have 2 young children of school age, I applied for a change of shift from the night shift to the early shift through a family friendly application (flexible working) but it was refused by the resourcing manager on the basis that they needed people on the night shift.
a couple of weeks later the mail centre were i work started to bring in agency staff on the early shift, the same shift I was refused.
Apparently I cannot apply again for a family friendly duty in the next 12 months.
So my question is if I can make a complain and ask a revision of my previous application or take the case to the ET.
Thank you.

They will say they are only temporary staff due to increase workloads (Early Christmas pressure ) and there is no positions available.

Go for the appeal - make them work for their managers money!