Flexible working after maternity

[flutterby]

Hi,

I'm not sure if anyone out there can help me? I have been trying to go back to work part-time after having my twin babies.

My employer (a local authority) and I have not been able to agree on a flexible working arrangement that would satisfy us both. I have been through the two complaints/appeal procedures and offered options, but to no avail. They have offered me 3 x 9 hour days in the office but that won't work for me as I need some homeworking to reduce childcare costs, which are astronomical for twin babies.

I offered them 30 hours which includes office time and some homeworking. They said no. So, we are now at an empasse.

I don't want to give up my career as I enjoy my job but at the same time, I also want to be a parent.

But as I see it, my options are limited. Resign and resign myself to trying to find something else or resign and go legal, which I'm told could cost up to ?25K if the case goes to tribunal, which often happens when going up against a local authority.

Has anyone had a similar experience? Or, anyone with some advice?

Thanks

f

[amydown]

Will you have childcare in place when you are working from home and therefore saving childcare costs just for the commuting hours or were you hoping to look after kids whilst working from home? Just for a clearer picture.

[flutterby]

I'd be working in my office in the loft while the children would be cared for by a friend/family member downstairs. I'd only really come down if there was an emergency. But, none feel comfortable with looking after them without me being close by.

[Fuschia]

http://www.lge.gov.uk/lge/core/page.do?pageId=119707#contents-6

What reason have they given for refusal? Actually many local authorities are actively encouraging homeworking as a cost cutting exercise

http://www.guardian.co.uk/local-government-network/2012/feb/28/flexible-working-reducing-costs

http://www.idea.gov.uk/idk/aio/23430882

[Fuschia]

Valid reasons only

the burden of additional costs

detrimental effect on ability to meet customer demand

inability to re-organise 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

[Fuschia]

It could really only be on grounds of quality or performance ...?

How about suggesting a trial?

[Fuschia]

Acas offer an arbitration service

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

[flutterby]

Thanks for the info. They've stated detriment to the function of the business.

I suggested a trial which they turned down. In fact, I've suggested a couple of options but they won't budge.

I will look at Acas link now.

[Fuschia]

flutterby Wrote:

-------------------------------------------------------

> Thanks for the info. They've stated detriment to

> the function of the business.

Is that not too vague? It's not one of the reasons quoted on the lge site

How senior in hr has it gone?

Try talking to TAMBA re the cost of Childcare for twins .. Involve your mp ... Your councillor if you live in the same borough

Are you a unison member?

[Fuschia]

Have you ever worked at home before?

http://www.personneltoday.com/articles/2007/06/12/40996/legal-q.html

Note case law Giles v Geach

[Fuschia]

http://www.practicallaw.com/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1247246751592&ssbinary=true

[flutterby]

I've sent you a PM with more details.

There is a more detailed explanation of detrimental to the function of business.

I was in a union for ten years then changed jobs didn't join the union and thus now don't have union support!

I'll have a look at all your suggestions Fuschia, thanks

[Princess]

It's worth looking at your home insurance too which probably allows you some free legal advice. I was in a similar situation to you and was ultimately made redundant. The free advice I received via our insurers made sure I walked away with a decent package because some of the things they'd done and how they'd dine them weren't quite right. Good luck.

[flutterby]

Thanks Princess.

I've looked at this and am entitled to some free legal advice. I can choose a law firm (and top up the costs) or use the panel solicitors approved by the insurers (and have costs paid in full), I take it, from your response, this is what you did.

From doing a bit of surfing people have questioned using the panel solicitors because they are often use associates to do the bulk of the work(i.e. not long out of law school)? I'm not sure about that....?

[Fuschia]

There are solicitors listed on TAMBA website who specialise

[dulwichgirl2]

I never understand the inception that working from home saves onchildcare. There is no obligation on employers to allow people to work from home while looking after children so how can anyone save?

In your case, I don't follow why your friend cannot look after the babies while you are at work.

[amyw]

Dulwich girl - working from home saves the commute! I don't think the op is proposing to work from home while looking after the kids.

Also I always thought lunch breaks would be better at home. Don't know why.

[flutterby]

The cost of childcare for twin babies in my two closest nurseries is roughly ?240 per week per child (for a 3 day week). ?480 per week in total. I earn ?400 per week. Working from home would mean I could reduce the childcare costs - family and friends have said they could take care of the babies whilst I'm on the premises working upstairs.

They don't feel confident or comfortable looking after twins with me being over an hour away.... juggling twin babies is pretty demanding. They would however do so for half a day in the knowledge that mum is close by.

It is not the right of the individual i.e. me to go back to work flexibly, but it is a statutory right for my employer to carefully consider my proposal - and they haven't done that. The reaction I got when I first muted this was 'we need bums on seats'! Where is the reasonable consideration in that?

[Fuschia]

Dg: baby twins singlehanded for a long day is a major undertaking

[awilliams123]

This happened with me, and I had to resign. Talking to people about it, many say I should have consulted a legal about it because although they gave me a 2 page letter full of reasons why I needed to be in the office 5 days a week, there were many other women in the office who were on a reduced work week because they had children. In my case, I had originally asked for 3 days a week, to which they said no and offered me 2 half days and 3 full days or 5 days from 9:30 to 4:30. Neither of these options worked for me 1) because the cost of childcare for half day is not far off the cost of a full day, 2) it still meant I would be doing nursery drop/commute/nursery pickup every day of the week but on the half days I would get an extra 3 hours with my child? Pointless. 3)Can't afford full-time nursery 4) don't want child going to nursery 5 days a week, just feels like he's being dumped all week.

I went back and said I would agree to a 4 day week (reluctantly, but like you, wanted to keep career going) and they refused, reverting back to the 2 original options they gave me. For a little perspective, I worked in architectural practice, my postion there was not one of terrible importance ie I was not managing a team or anything.

To this day I think they had no intention of accomodating me, but because they have to give me a job coming off maternity leave, I was offered something a couldn't/wouldn't take.

I think the law is only good paper on this matter, maybe not even that.

[minder]

I went on maternity leave from Southwark Council with my first child, nearly 20 years ago. During my maternity leave they told me I had been made redundant from my old job.

On return, they put me in a different job and location, which I wasn't happy about. I fought it but in the end decided to resign (not saying you should).

There was no support for me then and we didn't have mobiles/internet for advice and working from home hadn't even been thought of.

Hope you can work this out with your employer.

[edanna]

Flutterby, so sad for you that it's like this. It's so unfair when employers aren't even willing to try this kind of arrangement. Unfortunately what this comes down to is how much you like your job and want to keep your career going without a bigger gap. You're hardly going to be making any money, if you're paying childcare for your twins. If you can, maybe you could request a career break of a year or two then go back when you're getting some funded childcare or when friends and family members feel more confident. I realise this may be unaffordable but worth thinking about. I'm currently only making about ?200 a month for three days a week after I've paid double childcare even getting gov funding for one child and it's hard not to wonder what the point is. But I'm doing it partly for my own sanity and partly to have a job still going when my son starts school and it all gets a bit more affordable. I wish I could tell you a way of making your employer more cooperative but it sounds like you've explored a lot of avenues. The people I know who've taken legal action in similar situations, even though they won, said it wasn't worth the emotional toll.

[flutterby]

Thanks Edanna - Yes, all very disappointing really. The local authority are a big employer so really should be able to accommodate flexible working/home working.

I've made one last attempt to resolve this matter with them and have come up with another alternative, which means me working longer hours than my original proposal with some home working. I've also contacted ACAS re conciliation.

[Earl Aelfheah]

It sounds as though your employer has considered your request and offered you some options. There is no right to flexible working in law (only a requirement on employers to reasonably consider requests). Clearly I don't know the full circumstances, but it sounds as though they may have fulfilled their legal obligations. Tribunals rarely second guess an employers conclusions, merely that they have acted in good faith and followed a procedure. I have to say that suing a local authority (AKA local tax payers), would in myopinion, only be justifiable in a case were there was a blatant and quite extreme abuse of your rights.

[Earl Aelfheah]

Out of interest, what do you believe to be your employers motives for refusing your flexible working request?