I am on unpaid leave from work due to family issues - can I request a return to work on a new shift pattern?

I work at the airport (duty free) and since November I have been on unpaid leave from work.

The reason for this is that my husband had been in the UK for several years (studying, working and paying taxes whilst his immigration case was pending), but he voluntarily returned to his country because the Home Office had had his file for 8 years without giving him any kind of response to his application for leave to remain.

He decided to get his spouse visa via the embassy in India. We have a 7 yr old child together who accompanied my husband to India last September so that I could carry on working to support my family.

Obviously, my son had to return as he is also at full-time school so he came back 6 weeks later. Since my son returned (my husband is still sadly in India waiting for the embassy to respond to his case).

I have been unable to return to work due to my shifts. There are 3 shifts on a daily basis where I work: an early 05.30-14.00, a middle 08.00-16.30pm and a late 13.30-22.00. We work 4 days and then have 2 days off on a rolling basis.

It's difficult enough finding flexible childcareto support me on shifts but it would be impractical anyway. On an early shift, I would drop my son off at a childminders, for example, at 4.30am only for him to be woken up again for school a couple of hours later. On late shifts, I would not see my son at all - he would be at school during the day and I would be at work in the evening. In the absence of family and my husband, this would be horrible for my son.

Before I accepted unpaid leave, I requested a permanent middle shift until my husband returned (then anticipated to be approx. 2-3 months) but the HR dept refused.

They have also refused me part-time hours, a variation in my shift pattern where I could cover the middle shift (despite my colleagues being willing to cover the earlies/lates), a change of location, a change of airport terminal, change of store etc.

On my husband's return I could go back to normal shifts and hours but I just am asking for some flexibility for the next 2-3 months only, perhaps less depending on when the embassy respond to my husband's case.

I have thus been on unpaid leave since my son came back from abroad in November, until present. I now have a meeting this week where I will be told that there is nothing the company can do to keep me because they won't relocate me, change my shift pattern or my hours to accomodate me and that I have to return on normal working hours.

I feel I have been pushed into a corner. If I don't go back to working early/late shifts (which with a 7 yr old is hugely impractical without my husband's/family's support) I will be dismissed from work.

I hear that the govt has changed the rules for flexible working. If you have a child under 16 (rather than 6) you can apply for flexible working patterns - would I still be entitled to do that or is it too late?

Secondly, I have been with the company for 5 years at the end of April. I am entitled to a 4 week notice period at present. Payment can be made in lieu of working the notice period at the discretion of the company, so if I am unable to work the notice period on regular hours, will they pay me for it?

If I can be paid for the notice period, what will I be entitled to? I normally get a monthly salary plus commission which is a % of store sales.

And as the new financial year has begun, am I entitled to take any of my hols/lieu days with pay?

Any guidance would be most gratefully received. Thank you so much!
Additional Details
JUNE B, I have been told that if everybody works the rotation, then my request cannot be considered as it would be unfair on my colleagues. There are only 3 of us on the section where I work - one commutes from the city so she would prefer lates, the other would prefer earlies as she has a young child and likes to be home in the afternoon. Also, in another section, my colleagues are working permanent earlies and lates as it suits all members of staff - why then can it not be extended to our section when nobody has a problem with it?

Scouse

You can ask for anything, but one section of a company may be able to do this because it suits the company but that does not mean it will suit all sections. Ask they can only say no or transfer you to another section to comply with your request.

*7 Inch Heels*

Sure you can request a diffrent shift but legally they dont have to give it to you, they only have to give you the same hours back on the same shift as what you were working.

andy w

In answer to the question at the top of your essay.

you can certainly ask your company for different shift pattern - they however do not have to allow this.

2

June B

If everyone works the rotation, then your employer is not required to change the schedule for one person. It's not fair for your co-workers to never work the mid (day) shift. If you are not available to work the required rotation, then they do not have to schedule you.

If you are not working, then you do not get paid for holidays.

You need to look for another job.

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