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Are single parents entitled to flexible hours?

by Work Rights Expert, Rachel Lewis

question
I'm a single parent and have no contact with my child's father. I work full-time as assistant manager in a high-street Jewellers. I've been with the company for over 10 years and am a reliable employee.

Three weeks ago, my only living relative who helped with the child-care passed away suddenly. I asked work if I could temporarily cut my hours so I could be there to pick my nine-year old son up from school. They flatly refused. I can either work full-time in the position I have now, or move to another branch and work part-time. I just can't afford to live on less money. I am now worrying so much about my predicament that I keep having panic attacks. The doctor has given me some medication and I have been signed-off work for two weeks. I know this isn't the answer.

Is my manager being unfair, or am I being unreasonable?

answer

You poor thing - you are so not being unreasonable - they are behaving appallingly.

First off, you do have a right to time off for 'domestic emergencies', such as when a child-carer isn't available. So short term, they really can't touch you - though that right doesn't last indefinitely (and they also don't have to pay you during these periods, which doesn't help much).

Secondly, requiring you to work particular hours when they are not child-friendly can constitute indirect sexual discrimination. Since the introduction of the new employment law, you also have the right to make a formal (statutory) request for flexible working hours - which the company has to take seriously. Separate from that, you may still have legal protection under sex discrimination law - and I'd suggest that you consider writing to the company. Set out everything in detail, ask for consideration and indicate that you have no wish to make things formal, issue a grievance or take legal advice etc, but it's your understanding, especially as a long-standing loyal employee, that you do have some rights here and that you just want to come to an amicable solution.

And in the interim, make sure the doctor signs you off and just get some breathing space for yourself. If they take any action against you when you're off sick, you'll almost certainly have legal protection in unfair dismissal. Use the time to think things through and maybe go to see a local CAB (Citizen's Advice Bureau) or solicitor who could help you frame a letter in the right kind of non-contentious way to get the company on-side.

Best of luck to you.

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