Denied part time hours because of number of holidays

LegacyUser

Background:
Work for a very large multi national company.
I have been off work for a few years due to a mental health issue. Returned in Sept of 2017.
As I was off for illness, I still accrued holidays during my absence leaving me with over 400hr annual leave to take this year (before end of march 2019). Currently have 240hr left.

Problem:
My mental health has gotten worse and I'm struggling to deal with work, which was one of the causes of my original illness.
I have therefore requested to go to a 4 day week.
Filled out the forms and stated that I've recently been put back on meds and receiving therapy.
Had a meeting today with manager who said my request has been denied as I have to much annual leave and could use this to take off the days I need.
I asked if it was someone else who asked who didn't have the same amount of leave would it be granted and she said, yes, possible.

I think it's unfair to treat me different because I have been off previously.
Do you guys this I should appeal, complain, contact HR or how should I proceed.

Thanks in advance.

OMM 0000

I don't think the excuse really matters. They can just say no - they don't want you working 4 days a week.

It sounds like they've already been quite kind to you?

Maybe I'm reading it wrongly, but did they not just kinda say yeah to a 4 day week, but want you to use up the excessive amount of holiday hours you've built up instead of actually making your working week 4 days?

So in other words; book every friday off, and they wont pass any remarks, then come back to them with the same request when you have eliminated the holiday hours?

Otherwise you could request a 4 day week, get it, and then use your holiday hours to get a 3 day week.

physioman

They sound like they have been very good to you and very understanding. If the work isn't helping your mental health issue then why are you still working there? Are you ultimately looking to sue them for unfair dismissal? I would advise quitting the job, seeking a good counsellor and getting to the root of your problem. The company are not to blame here

TG1

They are entitled to deny a request to go part time, and to be honest what it sounds like is that they have proposed you can go to a four day week, but be paid for a five day week until you've used the holiday hours, sounds like a win win really?
A lot of places wouldn't be so accommodating around illness, and a bit of give and take goes a long way when an organization is working with you not against you, so it might be no harm in considering would their proposal work for you before thinking about kicking off.

Sleeper12

Anonymous Usr wrote:

I think it's unfair to treat me different because I have been off previously. Do you guys this I should appeal, complain, contact HR or how should I proceed.

That's not what you were told in fairness. You were told that the reason was that you have so many holidays stored up.

Why not use the holidays now, come back and if you still need 4 day week aply for it then.

Most of all though try not get too stressed about this

Franz Von Peppercorn

I think they were suggesting using the holidays for the 4 day week.

Most companies don’t allow you to accrue holidays like that.

davo10

Franz Von Peppercorn wrote: »

Most companies don’t allow you to accrue holidays like that.

Since 01/08/15 an employee accrues annual leave while out on sick leave just the same as they would if they were working. The employer doesn't have a say in it.

Op, when you return from sick leave, by law, the terms and conditions of your job when you return must be the same as when you left, the employer cannot discriminate against you due to your illness/disability. But, your employer is not required to change your job either, so you do not have an entitlement to a shorter week. So, if you want a shorter week, and have loads of AL to take, the answer to your problem would seem an obvious one.

SirChenjin

I would book the Fridays as AL. Win win, since you will be getting paid. If four day weeks work out well, on all sides, while you are using up annual leave, you will have a good case for putting forward an application when the leave is used up.

Look after your health, and if you are becoming stressed, flag it now with the appropriate person, your manager or HR.
All the best.

Sofiztikated

Anonymous Usr wrote: »

how should I proceed.

.

Use up some of the 50 days holidays you have accrued.

TheSheriff

I would consider quitting this job if you think it is good for your mental help.

Find something most suitable, preferably part time.

You cannot expect a company to agree to this if they need someone for a full 5 days/week.

Wildly Boaring

Anonymous Usr wrote: »

As I was off for illness, I still accrued holidays during my absence leaving me with over 400hr annual leave to take this year (before end of march 2019). Currently have 240hr left.

Since you came back under a year ago you've used your annual leave allowance plus 160hrs, another 20 days or so.

You were entitled to it. You needed it. But your manager must be finding it difficult to accommodate.

Pelvis

OP, it sounds like you're taking the piss tbh. You have a **** ton of holidays, use them.

Also, if your job is causing your mental health issues, then you need to quit.

gandalf

TBH I think they are being fair. They are allowing you work 4 days and use the leave you have built up because of illness. The position you hold obviously necessitates a full time person but they are being quite flexible. I assume they had to contract someone in to cover your position whilst you were out sick?

The bigger picture here as someone else has alluded to is why are you continuing to work in a position that has a negative effect on your mental health. Have you explored options that wouldn't have as much of a detrimental effect on your health?