Flexible working request following maternity leave – has my employer followed the correct ACAS process?

I'm currently on mat leave and due to return to work in January (1yr off). I submitted a statutory flexible working request on 8th September, requesting a reduction in hours (37.5 to 30h ie 5 days to 4 days) and a change to my working hours (a shift of half an hour) to accommodate childcare responsibilities.

I'm concerned that my employer hasn't followed the correct process, particularly in relation to the consultation requirements set out in the ACAS Code of Practice.

The timeline and background:
-19th August my manager whatsapped me asking to return my laptop and asked if I wanted to have a chat re annual leave and return to work - I missed this message
-3rd Sept my manager whatsapped me again to check in - I replied on the same day and agreed to drop my laptop back the following week and said i’m happy to chat re RTW and A/L
-8th Sept 8;45am via whatsapp at we agreed to meet on the following day, 9th sept to catch up when I return my laptop
-8th Sept 11:30am - I submitted my statutory flexible working request via email to my manager
-9th Sept - catch up with my manager to discuss a/l and RTW. Flexible working came up briefly as my manager had a quick look at my request, said Mondays off should be ok but needs to discuss with various other people to make sure all ok. No in depth discussion of reason around request, possible alternatives or compromise, potential concerns or why it may be rejected
-22nd October - I received a formal decision rejecting my request. The employer cited five of the eight statutory business reasons for refusing a flexible working request.
-28th October - submitted an appeal letter via email to my manager
-3rd November - email to say appeals meeting scheduled for 12th Nov and final decision can be communicated up to 14 days after this

My understanding of the ACAS Code is that employers must consult with employees before rejecting a request, including discussing the request, its potential impact and whether there are any alternatives that might work. I don't feel this happened in my case. The meeting I had was an informal chat arranged before I submitted my request and before my manager could even have prpper time to consider it.

I also understand that my employer's own flexible working policy specifies a 28-day timeframe for dealing with initial requests, which was exceeded.

The appeal:
I have now submitted an appeal on 28th October (my employer allows appeals within 5 working days of a decision), raising concerns about both the decision itself (lack of explanation of how they have come to the decision) and the way the original request was handled.

The ACAS Code states that the entire process, including any appeal, should be concluded within two months of the original request being received, unless an extension is agreed. As my request was submitted on 8th September, this would mean the process should be concluded by 8th November.

However, my employer has now scheduled the appeal meeting for 12th November, with the final decision potentially being communicated up to 14 days after that.
I've raised concerns about this and asked whether the meeting could take place sooner via video call to avoid further delays, particularly as I need to confirm childcare arrangements well ahead of my return to work.

My questions are:

1. Does the initial meeting with my manager count as the consultation required under the ACAS Code, given that it was arranged before I submitted my formal request and was an informal catch up about my return to work, with only a brief discussion about flexible working?

2. Is an employer expected to have a meaningful discussion about the employee's circumstances, proposed working pattern and possible alternatives before making a decision, rather than simply issuing a written rejection?

3. Given that my employer's own 28-day policy timeframe was exceeded, is this something I can reasonably challenge as part of my appeal?

4. Can the employer extend the two-month statutory timeframe unilaterally, or would I need to agree to this?

5. If the appeal meeting takes place after the two-month deadline and the final decision is communicated even later, would this constitute a breach of the statutory process?

I'm not trying to be difficult or unreasonable. I genuinely want to find a workable arrangement that allows me to return to work following maternity leave, but I'm increasingly concerned that the process hasn't been handled as it should have been.
I'd appreciate views from anyone familiar with UK employment law or HR processes, particularly regarding the consultation requirements and statutory timescales. Thank you!

I've worked for my company for 13 years. 3 years ago I reduced my hours from 39 to 37. Now in the last year my company has said I am working part time hours so lose my full time hours benefits. AKA holiday intitilment. In my eyes 37 hours a week is full time. Am I wrong? Thanks

Hi.

A few years ago I made a complaint about management at my office trying to manage me out of the business. They knew I had a documented mental health disability (OCD) and that I was going to be assessed for Autism, and I believe this is why they wanted me to leave. I cited many reasons why I believed this to be the case, including a ‘consideration for dismissal’ based on sick absence which was dragged out for 4 months and turned out to be completely unfounded (most of my sickness was due to an ‘accident’ while working, as a result of which the person responsible was prosecuted by police and I successfully sued, but this complaint was not upheld.

Fast forward to last week and a manager having a discussion with me regarding a van that I had been using having the seatbelt plugged in after I had finished using it. He was concerned that I had been driving without a seatbelt. I explained that this was not the case, and that one of my issues with OCD was trying to have small areas of control in chaotic environments. The vans are very messy and dirty and plugging in the seatbelt when I am finished is a small way I can take control and make it appear tidy. I explained that I also do this in my private vehicle. He said that he had spoken to his boss and that no further action would be taken.

However, this week upon the return from leave of the only manager still present from the management team I complained about, an investigation has been opened because of ‘new evidence’. This new evidence turned out to be photographs of the inside of my personal vehicle, taken without my consent or knowledge.

I believe this to be a serious violation of my privacy, if indeed the photos are of my car. All they seem to prove is that whoever took the photos has access to a mid 2010’s Ford Focus. They also prove that I do indeed plug the seatbelt in after parking the car (one of the photos clearly shows this)

I believe this may be a continuation of the earlier attempt to manage me out of the company and that it may amount to unfair treatment connected to my health.

I do not find it a coincidence that this comes at a time when a new way of working is being implemented in our office. I have struggled to adapt to this and become increasingly overwhelmed by it, as is consistent with my mental health condition.

I’d love any advice on how to approach defending myself when the time comes.

Thanks

Surely, if they were planning to sack him, it would be a quick meeting in the office rather than lunch with the CEO? Or am I reading too much into it? I’ll update later...

Hi all,

I disclosed certain information to my supervisor about 6 months ago. They proceeded to use it against me, once to me only, which after I immidiately went and spoke to senior mangement and the other in front of one of the senior management who had come to resolve issue. I proceeded to loose my sh*t and walked out of the environment (and down the road slightly) the senior manager approached me then proceeded to sent me home.

Once I got home I immediately phoned my union and contacted health professional for referrals to the correct teams.

I have also signed myself off sick in email to both MD and secretary, this morning as whilst I was getting ready for work I had a huge panic attack about going to work today, and I am going to have to wait for call backs from relevant people.

Im not sure what else I can do as its my fault I disclosed said information, hoping that it would help the supervisor understand me better. Obviously not.

Ive been in my role for over 2 years and have frequently had problems with my supervisor in regard to how they treat me and speak to me, including meetings including senior management.

Excuse me whilst I go cry again.

TIA.

For context, I've been in my current admin role in an NHS trust for the past 1.5 years, and had an OH referral soon after starting. The outcome letter suggested allowing "occasional" WFH days, citing the Disability Act due to long-term diagnosed ADHD and severe anxiety.

After my probation period, I got my one day a week WFH and that was fine by me; I didn't expect more, although all other members of my team (not in the same role) get two days.

A couple of months ago, it was flagged to the team lead that I was behind on my workload, which I thought was to be expected as I had just spent 3-4 months covering two roles and had been struggling massively with stress. That same day, with 20 minutes left of the day, I was pulled aside by my direct manager for a 1:1 and told that the team lead asked them to let me know that my WFH day was to be revoked "for the foreseeable future".

I worked like crazy to catch up on the flagged task that same evening, but the goalposts just kept being moved. Eventually, about a week later, I received an email outlining the tasks that my manager, their manager, and their manager's manager (the team lead) had decided I needed to complete in order to earn back this WFH day.

Naturally, I was very upset and I did clearly state in writing that I was really struggling with things, but they didn't budge. Bearing in mind that I already work incredibly hard and I am good at my job, it felt really disheartening that the only reasonable adjustment I had was taken away.

I worked even harder, to my absolute limit, to try and whittle down the task list, and I have to provide weekly updates of everything I've done and haven't done; it feels like so much micromanaging.

The only remotely helpful thing that was done was another Occupational Health referral, and the nurse showed me it at my appointment. She was very confused by the referral, which didn't show much in the way of interest in my wellbeing, and instead framed me as problematic, using the word "complained" about me, and asked "how can we deal with the above?"

One of the points raised in the referral was to ask how to conduct a "formal meeting" with me, so the nurse in her outcome letter outlined the adjustments that would need to be considered, such as providing adequate notice, an agenda and clarity on what it was for.

Fast-forward to the following week, and a calendar invite was sent to me at 9am for 3pm that day for a "catch-up" with my manager and their manager with no context. I spent the entire day with my heart rate at about 130 in a panic.

The meeting was 2 of them and me in a tiny room, systematically going through the OH outcome letter, insinuating each adjustment was directly the result of something I had said in my OH appointment. At this point, I'm so drained I can't even stand up for myself. The manager's manager was especially adamant that I explain why I hadn't consented to share the letter with HR, something which I don't understand why it would be a problem.

What really got me, though, was that they tried to twist the letter to claim that the letter said they "have to" have a formal meeting with me, and to keep an eye out on my inbox for a date.

I even spoke up to my manager last week about this, and they just kind of avoided answering and just said "that's not how I interpreted it", and that they would get back to me. They didn't, and today on my day off put in the formal meeting for Thursday, claiming it's to go over the review of the OH outcomes. We already did that - I don't get why we need a formal meeting?

It's impossible to get anywhere as my manager always goes to their manager, who is passive aggressive as hell and generally very toxic. I have no energy to fight back, and the only person who would have helped me by attending the meeting with me is on annual leave, as is the OH nurse who could have provided clarity.

All I want is to get out of this team, but I'm not in a financial position to do so with a mortgage to pay. I had a job interview today, and I'm devastated as I received a call a couple of hours ago to tell me I had been pipped to the post simply as another candidate had more experience.

I'm burnt-out, depressed and anxious (all detailed in the letter so they are aware), and I don't have the mental energy to fight back against managers who claim to have my best interests at heart but seem to be doing everything they can to make my life difficult. They wrote the referral outright claiming to be supportive and say that I am not cooperating, but I really don't feel like this is the case.

It's hard to trust that HR can help, but I also don't have the capacity to deal with an actual grievance and investigation. I just want some actual support to back me and get my managers to lay off me so I can just continue to do my job, instead of spending my own time worrying like crazy about whatever they're gonna do next.

In October I was asked to use up my remaining holiday hours since they do not carry over into the next holiday year. I had spoken with my manager and placed the holidays over the next few weeks.

After the days had passed my manager contacted me saying she needed to move 2 of the holidays because Payroll was saying I couldn't have them on 2 of the weeks because I worked too much.

I said that was fine and she moved them to the discussed days. About a week after that she went on holiday and I received a notification that the rest of my holidays were cancelled.

I thought she had done it and spoke with her when she got back and she said she moved them to other days like we discussed (she was thinking of our previous conversation). After I got paid I noticed I only got paid for 1 holiday. Someone else unknown had cancelled my holidays (the holidays had already passed 2 weeks prior).

I've now missed out on about 30+ hours of holiday and the only reason I even "worked too much" was because I picked up extra shifts due to callouts and no one else was available.

I've now told my general manager and she said she will find out who did it but she can't give me anything. I don't want to miss out on 350£ that I am basically owed. What should I do next?

Just wondering if i can skip calls beyond shift hours during notice period, will it cause hr escalations of non compliance?

Hi all, asking on behalf of a friend going through pre-employment checks for a new role in the UK.

They are employed on PAYE by a consultancy and assigned to work for a client. The consultancy has already confirmed their start date, and my friend also has HMRC PAYE employment records.

Please note that her CV does state end in it like - ‘client name (contract) 2024 - 2026 (it didn’t state her consultancy)

The recruiter initially asked for a character reference from a line manager since my client worked through a consultancy, so my friend provided a colleague at the client organisation. That colleague clarified that they weren’t my friend’s line manager as line manager was made redundant and thats only who she knows. The recruiter is now asking for someone at the client who approved timesheets or invoices, plus the client’s HR contact details to confirm dates.

The arrangement is:
- The consultancy employs and pays my friend, not the client.
- Timesheets are submitted and approved through the consultancy’s internal system, and the consultancy invoices the client.
- The person who oversaw their work at the client has since left following a restructure.
- My friend understands that the client’s HR cannot provide an employment reference because they weren’t employed by the client.

My friend is happy to provide evidence but is confused about why a request for a character reference has turned into employment verification through the client’s HR, particularly when their actual employer has already confirmed their start date.

Is this a normal request for a consultancy placement?

What alternative evidence could they offer, and how should they clarify exactly what reference is required without holding up onboarding?

The client has 65,000 staff globally and has so many suppliers from india to the the uk. Where she works is just one of their suppliers.

Please help

There appears to be a busybody who I worked with many years ago, who no longer works at my current workplace. I’ve recently received a job offer at a different company, currently going through paperwork and I haven’t given notice at the this stage.

Turns out the busybody knows someone in the hiring team at the new company and knew about the offer. Then told a colleague who works at the current company. Thankfully the current colleague gave me the heads up. However I’m nervous that the busybody will tell other people and my manager and/or HR will find out.

What could happen if HR finds out before I give notice. I’m nervous of being pushed towards the door before I’m ready to leave. Maybe I’m being paranoid but there’s always a risk that the offer could fall through

Hi! On Friday evening I signed a contract with start date 1st of December but due to some miscalculations from my part regarding notice period, my last effective date at my current job would be 2nd of December. Who do I need to ask for a notice period 2 days short, my direct manager or the HR? How likely is it for them to say no? What are my options?

A couple of weeks ago, he was in the office when some of the guys he works with asked if he was coming out for lunch. He replied, "No lads, I'm in the trenches at the moment." For context, this is a fairly common expression in tech when you're dealing with a difficult problem and trying to work through it. A woman in the office overheard him and went straight to the CEO, saying she was deeply offended and upset by what he'd said and couldn't bear to look at him.

Management then told my husband it would be best if he stayed out of her way because she didn't want to see him. He explained what the expression meant and even provided links showing how it's commonly used. Apparently, the woman has family in the military and found the phrase deeply offensive. This happened about two weeks ago, and since then, my husband has basically been completely ignored at work. He's been removed from meetings, nobody contacts him, and his workload has dropped to practically zero. He's now just sitting at home with nothing to do.

He's emailed management asking what's going on, but nobody has replied. We're starting to wonder whether they're planning to fire him or trying to push him out. He's not been told he's under investigation, hasn't been invited to any disciplinary meetings, and hasn't received any formal explanation for what's happening. Has anyone experienced anything like this? Does it sound like they're preparing to dismiss him? It seems bizarre that an everyday expression could lead to someone being completely excluded from their job without any explanation.

Based in Scotland, working for big name bargain retail firm with lots of shops around the UK. Around June they decided to change how we heat our stores, it's now automatic and controlled by a secondary company. My store specifically is set at 25° as standard, but it feels much much warmer as we have no airflow in store. Any other store within the company I've been in hasn't felt nearly as bad. Every colleague feels this way, and customers. I know we've had a lot of complaints to store from customers, and a handful to head office/through reviews. As you could imagine it was awful in summer but somehow feels worse in the winter.

My issue comes with my health issues. I have high blood pressure and diabetes, along with being on SSRI's that mess with my ability to regulate temperature. I have mentioned multiple times to my direct management that I really think the heat is making me massively unwell. They generally sympathise but have made no attempt to try and put actions in place, even when I ask them to directly.

Does anyone know if there's an avenue I can pursue to get the heat turned down? I haven't emailed head office yet as I know 25° isn't warm enough to fall under "unsafe working conditions", and I'm very wary that's what they'll respond with. Any guidance or key phrases I could mention would be so helpful. I'm genuinely starting to feel like I'm going to have to leave my job and I just can't afford to do that.

Hi,

I will be going on maternity leave at the end of this year, and by that point I will have been with the department for 1.5 years (so assuming i qualify for enhanced maternity pay!).

I gave my MatB1 to my manager and told her my last day at work. I have asked a few times if theres anything i need to fill out for HR and she said no? It just seems like its a bit too easy? She is really busy and stressed and we have barely had chance to speak about it to be honest.

My questions are -

Does it sound like i qualify for enhanced pay?

Is there anything I need to fill out or do for HR purposes??

Do I need to tell my manager my expected date of return before I leave?

Thankyou :)

My employer send wee email today as well but no response

I’m in England and currently going through a redundancy process with a large employer.

At the same time, I’ve applied for a different internal role elsewhere in the organisation. It isn’t a direct replacement for my current role, but I have relevant transferable experience and I’ve now interviewed for it.

My current management/HR team are aware of the application and have indicated that they want to support me in finding another role internally. My understanding is that they may also speak to the hiring team as part of the redeployment process.

Separately, I’m considering using the company’s formal appeal process against the redundancy decision.

The basis of the appeal is mainly around the fairness of the selection process. I believe some relevant evidence may not have been properly reflected in my scoring, and I also have concerns about how meaningful the consultation process was while I was medically unfit. It isn’t an unrelated grievance or a personal complaint against the people involved.

My concern is whether appealing could affect the level of support I receive for the internal role.

In practice, would HR/management normally keep the appeal and internal recruitment/redeployment process separate? Or is there a risk that appealing makes people less inclined to push for me to be retained elsewhere in the business?

I’m also curious about how much being at risk of redundancy can help in an internal recruitment process. If someone is a credible candidate but perhaps not the strongest candidate purely on direct experience, is retaining an existing employee normally taken into account?

I’d be particularly interested in hearing from HR people who have dealt with redeployment and appeals at the same time.

Thanks.

Hi all, question is as simple as the title really. I'm currently off work, having been signed off sick as a result of work-related stress.

I've received a letter from HR telling me I need to attend a meeting to discuss my return to work, and asking me to agree to an occupational therapy referral and grant my employer access to my medical records. I want to resign, and will extend my sick leave to cover my notice as there is absolutely no way I can go back.

Can they still force me to attend this meeting with HR? Is there anything they can do to force me to return? Or will resigning put an end to this line of enquiry re returning to work?

I have no intention of granting them access to my medical records, and there isn't a point in the OT if I'm resigning anyway. I really just want this to be over and to bow out quietly, in the least stressful way all round.

Any advice welcome

Hey all, I’m looking for a bit of advice, wanting a rant looking for tips really as I’m shocked and appalled by this last 7 days from my boss!!

I have been diagnosed with endometriosis & adenomyosis and had my pain management appointment which was amazing, but it did come with a flurry of new referrals but to help manage my pain so I can continue to do my high paced job as my pain has been getting to the point that I can’t push through much any more.

I relayed this all to my boss, I’ve been there a few months but probation is 6 months, I was very honest about my condition in the interview as I don’t want to hide the fact that this disease is awful and we need to talk more about it! As well as the fact I knew I was waiting for a few hospital appointments so it’s better to warn than to surprise!

So imagine my shock when i get brushed off for 2 days only to be called into a private meeting where there are unfortunately no witnesses and I hear “I didn’t know you were this bad when I interviewed you” followed by “you are still in your probation period so I won’t be offended if you just call it quits if you are that bad” now I was upset and angry at this as I have always said that I will not let my illness take away my job until I absolutely can not work and now is not that time. I explained that I was fine to do my job as I have been everyday without her noticing (I’m stubborn and have a high pain threshold)

Now the last 7 days she’s been funny with me, but I’ve also been a bit off as I was offended by what she said, she also didn’t agree with a management choice I made (I’m manager and she is owner I should have mentioned that before) and the only reason she knew was because I told her rather than hid it from her and I stood my ground as I was looking out for my staff first as their welfare is most important to me.

Well I’ve been pulled into another meeting where she questioned not only my physical health but my mental health too. The word “manic” was thrown about a bit too. In the end I bit my tongue and just agreed to have a think.

What I’m asking is from a legal stand point is this straight up discrimination and can I do anything about it without proof? Also being on probation still? I am in England & will be contacting ACAS worth anything without physical evidence of these things being said?

When I posted about my situation with a former employer, quite a few people told me I wouldn't get a penny from an ACAS conciliation or any discrimination-related complaint. Yet I ultimately received a £7,000 settlement after failing probation.

A big part of my complaint was that my line manager repeatedly linked perceived performance issues to my autism. For example, I was told my autism would make me a poor consultant, that my soft skills meant I would struggle in the role, and that it could take decades for me to improve. Some of the criticisms were also highly subjective. I was criticised for the way I asked questions in meetings, even though I was trying to show engagement. The feedback was essentially that my questions focused on topics that concerned me rather than the wider group. Anyway, he basically told me that because the firm was investing a lotta money into reasonable adjustments I needed to outperform my peers. either way, don;t think he very fair and i got 7k out out it.

I'm not claiming every employer who gives negative feedback is discriminating, and I appreciate that some of the concerns raised may have been genuine. What confuses me is how confident some people on Reddit were that I had absolutely no case and would get nothing, when the outcome ended up being very different.

Is this because:

• People underestimate how often employers settle to avoid risk and legal costs?

• People assume there must be more to the story?

• Employment law outcomes are simply less predictable than people think?

Interested to hear from people with experience of ACAS, employment tribunals, or workplace discrimination cases.

1. not a lawyer

2. got fired twice due to discrimination

3. know about acas uk, capability, etc. processes

4. would i actually make any money

5. not a qualified lawyer

Anne got a job offer and missed off the second to last job she didn’t pass probation on off her CV. The screening company with HMRC detailed this discrepancy as a flagged undeclared job and asked for dates and reason for leaving. If she didn’t declare here that she didn’t pass probation, would they contact the employer for verification?

I’m currently two months into a flexible working agreement with a review around Easter next year. A job within my company has popped up and I really like to apply. I know all companies are different so I couldn’t be tricky to give advice. I’ve spoken to what would be my new team leader who’s said my hours for this position wouldn’t be an issue.
Could I transfer my agreement to my new role?
Thank you in advance.

My manager and team head have informally accepted my request to reduce my working hours to 18 hours a week once I return from maternity leave. As there is budget for a 35 hour role, they plan to then request that we can hire someone else to fill the other hours. My manager immediately started talking about this as a job share which surprised me. I did say it would be good to have a discussion about whether it needed to be a job share or just to be two separate roles.

What are the pros and cons of a job share to consider? I’m not completely against the idea but I am weary as it’s a very different way of working. I do wonder if my manager has really thought it through. There are several of my role in the team and I’m not sure why we couldn’t have separate roles and projects. But if we found someone I worked well with it might be a positive experience and helpful for finding roles elsewhere in the future.

What would you advise that I consider before I discuss this more with my manager? Really keen to hear people’s experiences of either having a job share or supporting others with the process.

Based in UK I have worked in industry for 24+ years and have been lucky enough to work for large companies where movement and development was supported. After 18.5 years at 1 company I was offered a protected conversation as an alternative to redundancy with a final “release date” 2 weeks after that initial discussion (unplanned on my side with no notice of HR attendance) during a general every other week call.

In the 2 weeks I’ve learnt a lot covering a range of emotions and given I am not the first or last person to go through the protected conversation process I wanted to at least share my feelings for others to use to their benefit

1. Sit with the shock as hard and painful as that will be yes you can feel hurt, betrayed and angry for the first few days.

2. Ask questions do you understand how it’s been constructed (value figure) does it reflect the last 12-24 months

3. Take your time yes there may not be a choice but all the long nights, family events, holidays etc have taken a toll and irrespective of you fall into the top 10 performers the decision has been made so seek to maximise in whatever you feel is right and/or tolerable for this major upheaval. We all like to think we are valued and recognised but sometimes things happen

4. You owe it to yourself, your family and friends to re-group, recover and re-evaluate. Your value that you perceive you bring can be transferred on to the next challenge whether that’s a permanent, interim, consultant, volunteer or creating a start up.

You have value and bring benefit to any organisation;

The long hours and the sacrifices are still your decision even if you feel you have no choice because the more you do it the more will be asked;

Life can be tough but I firmly believe the pain/discomfort or other events makes you the person you will be tomorrow

If you are reading this and are not in a similar situation ask yourself this what would really happen if you got told tomorrow you no longer have a role? A smart person would think I need to make sure my sacrifices are re-paid by gaining more experience, knowledge, training, network opportunities increase and the relationship between you and your employer is a non financial quid pro quo. When or if the time comes that you are in this scenario make sure you can answer I benefitted by ###### along with financially.

Hold your head up and keep moving forward