flexible working appeal

gand · Post by **gand** » 08 Nov 2018, 09:16

just a quick question about flexible working. Can I appeal a decision with a grievance if I think it has been handled wrong?

Post by **TrueBlueTerrier** » 08 Nov 2018, 15:00

gand wrote:just a quick question about flexible working. Can I appeal a decision with a grievance if I think it has been handled wrong?

Yes.

Post by **TrueBlueTerrier** » 08 Nov 2018, 15:04

TrueBlueTerrier wrote:
gand wrote:just a quick question about flexible working. Can I appeal a decision with a grievance if I think it has been handled wrong?

Yes.

To clarify - you can even take it to an ET if you believe the decision was unfair, or they didn't follow procedures. You should have a strong case.

You can even appeal the decision itself if you want, but the chances of you winning an appeal based solely on you disagreeing with the decision would be slim.

(my opinion based on the little information available).

gand · Post by **gand** » 08 Nov 2018, 15:49

nice one thanks for the help TrueBlueTerrier. here's a little more info I recently had twin's and this was my reason for applying. I had originally asked for a Saturday of as this is the only time me and my wife who both work get to spend some time with them. they refused my application to quote my dom "this would be a risk to the USO" the dom also said that they involved the unit rep to encourage staff to consider moving some Saturdays to accommodate me with a 1 in 4 which I also asked for but they were unwilling to move duty roles. i never asked my rep to get involved in this and he never discussed this with me so why is he getting involved in this

Also about a week before i got my letter a vacant 9 day fortnight duty came up which I applied for explaining that this would be great for my needs and was told that this goes on seniority.

Post by **TrueBlueTerrier** » 08 Nov 2018, 16:26

gand wrote:nice one thanks for the help TrueBlueTerrier. here's a little more info I recently had twin's and this was my reason for applying. I had originally asked for a Saturday of as this is the only time me and my wife who both work get to spend some time with them. they refused my application to quote my dom "this would be a risk to the USO" the dom also said that they involved the unit rep to encourage staff to consider moving some Saturdays to accommodate me with a 1 in 4 which I also asked for but they were unwilling to move duty roles. i never asked my rep to get involved in this and he never discussed this with me so why is he getting involved in this Also about a week before i got my letter a vacant 9 day fortnight duty came up which I applied for explaining that this would be great for my needs and was told that this goes on seniority.

On the face of it, that appears to be a complicated issue and the DOM has theoretically ticked all the boxes.

1. Seniority is the main criteria for duty selection so that's in line with the agreements.

2. The DOM is allowed to liaise with the rep as they are there to represent all members, as well as individuals. This means that his involvement was legitimate

3. Firms can refuse applications for flexible working as long as they have a good business case for doing so. The DOM quoting the USO means he knows this.

However past employment tribunals have said that making reasonable adjustments for Equality Act matters should be relatively easy for Royal Mail because of its size. Your best bet now is to go to the rep and ask his advice as an individual member, and also ask the branch equalities officer if they can offer any advice.

Congratulations on the twins, and commiserations on the sleepless nights they cause.

gand · Post by **gand** » 08 Nov 2018, 17:45

Thanks again for the help. I actually don't believe that the rep or Dom spoke to any staff in my division and will ask my colleagues this in the morning. The same people have had flexible working in my office since it was introduced.