Good morning,

Last August an employee submitted a request for Flexible Working following absence due to her mental health.  It was agreed that the employee would reduce her hours from a 5 days working week to a 4 day working week, on a temporaty basis for 1 month.    The employee subsequently provided a further Fit Note advising "32 hours per week would be beneficial".   The hours were agreed to end of Dec 23 (along with further modification to role i.e. seated role only/no heavy lifting due to meds).    The arrangement to work 4 days per week was fornalised in writing stating end date of 31/12/23.   

The employee  requested a meeting with line manager this week asking to prolong the 4 days per week arrangement (this arrangement was agreed on medical grounds, however, this pattern is not viable for the business long-term due to cover etc).  The employee also provided a further fit note from GP advising 4 days per week until March 24.   I have met with the Line Manager recently and she has 'reasonable belief' that the employee is not been honest i.e. the employee has stated (and its documnated) at 3 seperate meetings that her request for a modification in hours is due to finanacial reasons i.e. she has the offer of a second job and/or can claim benefits.  Our policy states FW cannot be requested for renumerative reasons.    The Line Manager and I met with the employee yesterday and advised that as stated in her letter, she would resume full-time (5 days per week) effective 2 Jan.  The employee stated she had a fit note from her GP advising she would benefit from 4 days per week until March 24.  I explained that the agreement was temporary because the hours do not suit the business long term (and we don't believe her reasons are on medical groubnds) .  The employee subsequently produved a further fit note from her GP advising she wasnt fit to work (first time we were made aware of this Fit Note).   I therefore advised that the options were to either take GP's advice and be signed off work or resume full-time hours.   The employee stated she would give the matter some thiought. 

Today, the employee has conact5ed her Line Manager to advsie she wont be attendibng workj as she is stressed re the outcome of the meeting and she is seeking legal advice due to our refusal to prolong the 4 day working week arrangement.  I feel the employee is not being truthful, we have been more than resonable but need to consider the needs of the business.  I am concious that we are obliged to make reasonable modifications due to disabilities, which we have implemented, but also conscious that we don't want to be seen to be contravening the Eqaulity Act etc.    

Any advice would be appreciated - would it be in our best interests to agree the request to prolong the reduced hours, stick to our guns or proceeed to disciplinary stage re the fact we have raesonable belief that the reduction in hours is based on financial reasons than medical (albeit she has a Fit Note to support this).

Many thanks in advance, 

Lisa