Not so flexible working?

[Starbuck999]

Hi, hopefully someone can help. I made a minor change to my working hours in March. Was simple and informal, changes made immediately and I didn't have to formally request flexible working hours or anything, just a quick chat sorted it.

Now, 8 months on I need to change my hours, as Im having problems with childcare. I know that the law states my employer has to seriously consider my request but they have said I cannot apply for flexible working as I have done so once already in the last 12 months. Well as far as I was concerned that was an informal arrangement, I was not aware at the time that it would be classed as flexible working and was not told that it would count as my one chance to change my working hours for the following 12 months.

Does anyone know if it's them or me that's in the right here? Can informal arrangements count as requesting flexible working hours and therefore use up your one chance for that year? Thanks in advance, I just want to be armed with all the facts before I request a meeting to challenge this.

[hairytriangle]

Not sure of legal situation but on instinct is say they are probably right. You have made and had granted a flexible working request albeit not on paper

[chanie44]

I don't think there is anything 'informal' about your original change. Whilst you may have never put in a formal request, you have had a permanent change to your work pattern. Although you haven't had it put in writing, you have been working this pattern for the last 8 months and during that time, have never revereted to your original pattern, so it seems that both parties have agreed that this is your pattern.

To be blunt, you can't really have it both ways. If they came back anytime during the last 8 months and asked you to work your original hours, I'm sure you'd be arguing that they agreed to the change!!!

Technically, you can only put in a flexible working request once every 12 months, but I don't really see what your employer is going to gain from holding you to this. This is unless of course the request is something they can't accommodate.

If I were you, I would put together a business case as to changing your work pattern again. But, the onus is on you to prove that this wouldn't be to the detriment of the work you do. If you can prove this, I don't really see how they could refuse. If they still reject it, based on the 12 month rule, then take out a grievance stating that the change won't have a detrimental affect on the business.

[cantdecidewhattodo]

Even if you are allowed to submit a flexible working request, they can turn it down if they can't accomodate it.

Best way to deal with this is to come up with a plan that the business can accomodate and have a meeting to put your case. Emphasise how the new working pattern can help them.