WO toolkit 2012 complete.pdf - GMB

SECTION 5.28
• You are entitled to be accompanied at the meeting by anyone also employed by the same employer
e.g.a shop steward.Your companion can address the hearing and question management but
cannot answer questions on your behalf.If your companion is not available you can ask for the
meeting to be postponed for up to seven days.
• Your employer must inform you of its decision in writing,within 14 days of the meeting.If your
request is rejected your employer must give reasons.You can appeal,in writing,within 14 days.
• Your employer must hold an appeal meeting within a further 14 days.You have the same right to be
accompanied as at the original meeting.You should be informed of the appeal result in writing
within 14 days of the meeting.If your appeal is rejected,you must be given an explanation.
• You can complain to an Employment Tribunal on the grounds that your employer has failed to hold
a meeting or an appeal meeting,failed to give you a decision on the request or appeal,refused the
request on non-specified grounds,or rejected the request on incorrect facts.The time limit for
making a claim is three months.The Tribunal can order the employer to re-consider the request
and/or compensation.In some circumstances a refusal to allow flexible working may breach the
rules against sex discrimination.
• In addition you can complain if your employer has refused you the right to be accompanied at the
meeting or appeal,or has refused to allow a postponement of the meeting.It is also automatically
unfair to dismiss you or subject you to a detriment for requesting flexible working.
The Department for Business Enterprise and Regulatory Reform has produced standard forms which
you can use if you wish,available from their website: www.berr.gov.uk(go to the section on employment
matters and flexible working).
REMEMBER: there may be more than one person affected by this issue.
Consider calling a meeting to advise,recruit and organise.