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Flexible Working issue

(7 Posts)
js1000 Fri 17-May-13 15:14:28


I started my current contract 1.5 yrs ago, on three days a week. Due to increased workload, I was asked to change my working days to five, i.e full time. I had a mutual agreement my line manager that I will work from home 1 day a week and 2 days a week in the school holidays as I have two young kids. So far there has been no problem with arrangement .

Last week in the meeting, I was told by department manager who has come back from the maternity leave after 13 months, that I can not have one extra day from home in the school holidays because its not in my contract as I did not fill flexible working form, when half term is just 2 weeks away. I have been suggested to take annual leave or work without pay. My line manager is also not happy with department manager's decision on overruling on her arrangement with me but she reports to department manager.

I am really stressed as it will add more stress to out finacial status ....

Do I have any right here ? Any help or clerification would be really helpful.


flowery Fri 17-May-13 16:27:45

How long have you been doing 2 days a week from home in the holidays, and do you have anything in writing at all?

I assume you have childcare in place for the days you are working from home?

js1000 Fri 17-May-13 17:07:38

Hi Flowery,

Its been a year, I work one day a week in term time and 2 days in school holidays. Yes, my childcare is in place when I work from home, I only do pickups and drop which I make makeup doing extra 1/2 hrs.


flowery Fri 17-May-13 17:56:59

Ok if you've been doing that work pattern for a year your argument is that those are now your established terms and conditions, and if your employer want to change your terms and conditions they require your consent. It doesn't have to be written in a contract to be contractual.

js1000 Fri 17-May-13 18:58:15

Many Thanks flowery! Is there any link/law which I can show to my manager?

flowery Sat 18-May-13 18:16:44

Not a specific law and I haven't got time to try and find you a reputable link now, but have a google of 'implied contract terms' and 'custom and practice'. Anything you find on ACAS, or or CAB or similar would be a good start.

Champagnebubble Sun 19-May-13 11:46:25

Message withdrawn at poster's request.

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