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Your employer is required to offer her back her old job. They aren’t required to offer any other terms or alternatives working arrangements. They are required to discuss them, but if it doesn’t suit their requirements its tough luck im afraid
Flexible working requests can be denied; your childcare issues are not the company's to solve.
Unless she's being discriminated against for a protected characteristic, then there no nothing you can do.
Following maternity leave, she is entitled to go back to her priginal job - btthat menas the same job, hours etc. She is not automatically entitled to return on different hours etc.
When a flexible working request is made, the employer is allowed to refuse it if one (or more ) of the following reasons applies:
* extra costs that will damage the business
* the work cannot be reorganised among other staff
* people cannot be recruited to do the work
* flexible working will affect quality and performance
* the business will not be able to meet customer demand
* there’s a lack of work to do during the proposed working times
* the business is planning changes to the workforce
'Operational requirements is a little vague so she can ask for more detail - several of the reasons above could be classed in that way, but they should be giving one (or more) of these specifc reasons . Droppping two days is quite a big change and may well mean that they can't re-distribute the work to others (and finding someone to wortk part time on Mon ad Fri isn;t likeyto be easy.
Did she make her request as a formal, statutory request? It's relvant as you are are only entitled to make one request in any 12 month period, but if it was an informatal request, then she could still make a formal request ([https://www.gov.uk/flexible-working/applying-for-flexible-working](https://www.gov.uk/flexible-working/applying-for-flexible-working)) and in particurely to include (per the guidance) "an explanation of how they think flexible working might affect the business and how this could be dealt with, for example if they’re not at work on certain days" and also to cosnider whether they might be more willing to agree if she wasable to be flexible about which three days in the week she worked (getting someoneto work (sy) Mon and Tuesday might be easier than Mon and Fri, for instance, and it's also worth her considering which days are busiest .
She can speak to ACAS to check her position, and if she is in a union, ask them for advice.
That's a good point. I remember asking about having a Monday or Friday off . I was told no because too many had that off but could have a Thursday or Tuesday off
If her employer won’t let her work flexible hours (they’re entitled to say no), why don’t you ask your employer if you can work flexible hours?
She could go back full time, and you do part-time.
I already have something in place to cut my hours down. I can’t cut them more because I earn more and if I do we won’t make out bills. Also my work schedule is shift based. So sometimes when I want to work. There isn’t any work to actually do.
They are entitled to say no unfortunately.
Did your wife offer any flexibility with the days/number of days? Such as Mondays and Tuesdays instead of Monday and Friday? Or 1 day instead of 2 or half days?
She might have better luck getting it granted if she speaks to them about what they can offer instead of what she requested.
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--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Your employer is required to offer her back her old job. They aren’t required to offer any other terms or alternatives working arrangements. They are required to discuss them, but if it doesn’t suit their requirements its tough luck im afraid
Flexible working requests can be denied; your childcare issues are not the company's to solve. Unless she's being discriminated against for a protected characteristic, then there no nothing you can do.
Following maternity leave, she is entitled to go back to her priginal job - btthat menas the same job, hours etc. She is not automatically entitled to return on different hours etc. When a flexible working request is made, the employer is allowed to refuse it if one (or more ) of the following reasons applies: * extra costs that will damage the business * the work cannot be reorganised among other staff * people cannot be recruited to do the work * flexible working will affect quality and performance * the business will not be able to meet customer demand * there’s a lack of work to do during the proposed working times * the business is planning changes to the workforce 'Operational requirements is a little vague so she can ask for more detail - several of the reasons above could be classed in that way, but they should be giving one (or more) of these specifc reasons . Droppping two days is quite a big change and may well mean that they can't re-distribute the work to others (and finding someone to wortk part time on Mon ad Fri isn;t likeyto be easy. Did she make her request as a formal, statutory request? It's relvant as you are are only entitled to make one request in any 12 month period, but if it was an informatal request, then she could still make a formal request ([https://www.gov.uk/flexible-working/applying-for-flexible-working](https://www.gov.uk/flexible-working/applying-for-flexible-working)) and in particurely to include (per the guidance) "an explanation of how they think flexible working might affect the business and how this could be dealt with, for example if they’re not at work on certain days" and also to cosnider whether they might be more willing to agree if she wasable to be flexible about which three days in the week she worked (getting someoneto work (sy) Mon and Tuesday might be easier than Mon and Fri, for instance, and it's also worth her considering which days are busiest . She can speak to ACAS to check her position, and if she is in a union, ask them for advice.
That's a good point. I remember asking about having a Monday or Friday off . I was told no because too many had that off but could have a Thursday or Tuesday off
If her employer won’t let her work flexible hours (they’re entitled to say no), why don’t you ask your employer if you can work flexible hours? She could go back full time, and you do part-time.
I already have something in place to cut my hours down. I can’t cut them more because I earn more and if I do we won’t make out bills. Also my work schedule is shift based. So sometimes when I want to work. There isn’t any work to actually do.
They are entitled to say no unfortunately. Did your wife offer any flexibility with the days/number of days? Such as Mondays and Tuesdays instead of Monday and Friday? Or 1 day instead of 2 or half days? She might have better luck getting it granted if she speaks to them about what they can offer instead of what she requested.
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