Criminal

Family

Wills, Probate & Trusts

Employment

Conveyancing & Property

Immigration

Personal Injury

Consumer

Company & Commercial

Libel & Defamation

What is the Minimum Legal Age of Employment in the UK?

Employee Holiday Entitlement Explained

Whistleblowing - What You Need to Know

Personal Protective Equipment

What Rights Do I Have as an Apprentice?

Lying on Your CV or Job Application

Poor Performance at Work

Working Time Regulations

Fixed Term Employment Contracts

The Nine Protected Characteristics Under the Equality Act 2010

What Are Reasonable Adjustments?

Use of Restrictive Covenants in Employment Contracts

Can I be dismissed with notice with no disciplinary hearing? LocalSolicitors.com

Can I be dismissed with notice with no disciplinary hearing and suffer from depression?

All employees with at least 26 weeks' continuous service are entitled to make a flexible working request.



To be covered under the statutory scheme, your application for flexible working must: be in writing; be dated; specify that it is an application made under the statutory procedure; specify the change you want and when you want it to take effect; explain what effect if any you think it would have on your employer and how that effect could be dealt with; and state whether you have ever made any previous application and if so, when.



If you have not made a statutory request, you should consider making one and ask for a copy of the flexible working policy.



Your employer must deal with the flexible working request in a reasonable manner and notify the outcome to you within a three-month decision period. It can refuse your application if there is a business reason for doing so.



If agreement cannot be reached, you may consider raising an internal grievance or seeking assistance from a solicitor or ACAS.If your employer has failed to follow the statutory procedure, you may be able to bring a claim in the Tribunal. You should take legal advice on the merits of a claim.



You may have other grounds of complaint, depending on the facts of the case. A decision may be discriminatory if it is related to your sex, pregnancy and maternity, age or race for example. I note that your employer has granted a female colleague part time work following her maternity leave.

Does my boss have to let me work part time after maternity leave?

The general basis of your situation is that your 'original' contract and employment continues whilst you are on secondment. If your original role is at risk of redundancy, then you should be consulted about this. If the original role is redundant, then redeployment should be looked at. This may include staying in your current role permanently, but this could be dependent on the nature of the relationship between your original employer and the current 'host'. You may also be independently offered the role permanently with the 'host' if it is needed. The length of the secondment will not in itself be definitive here. A detailed consideration of the role/s, contracts and the nature of the relationships would need to be undertaken. For example, in some circumstances like this the transfer of employment regulations (TUPE) may have already taken effect so that your employment has already transferred to the 'host' company.If you are concerned, you could make enquiries with your ‘original’ employer to ascertain what they understand the situation to be and their intentions and possibilities going forward.

How have my employment rights changed if i have been seconded for 5 years?

Lisa Dearman

Can I be dismissed with notice with no disciplinary hearing and suffer from depression?

undefined Solicitor Answers

Related Questions