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Have a 3 year old. Does manager have to let me change hours I work?

10 replies

Boonyjinkies · 20/08/2013 07:01

I'm moving house and my daughters nursery and am having to work around their availability. I currently work 21 hours in an office over 4 days and have emailed my manager (who was not in office) whether I could work slightly different hours over 5 days. His response 'I will have a think'. Is he able to say no? I thought if I had a child under 5, employers had to allow parents to work different hours as long as the work and running of the office were not affected?

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RegainingUnconsciousness · 20/08/2013 07:05

I think they have a legal obligation to consider flexible working requests, but in the end are able to go with the better option for the company, as long as they can show that they've considered it fully.

Your manager has said they'll think about it. You'll have to wait and see what they say.

21 hours over 4 days is about 5hrs a day? That's pretty good, isn't it? I can't see how spreading that over a 5th day is an advantage?

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Boonyjinkies · 20/08/2013 07:29

Thanks for your reply. The only advantage to them would be I would be in the office an additional day so I wouldn't have to leave one of my jobs to a colleague who handles it on the day I don't work. The main advantage is to me. I can't find childcare elsewhere at such short notice, and if they say no I'm stuffed. I just wonder how they can prove they have considered it (we don't have an HR department).

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RegainingUnconsciousness · 20/08/2013 07:31

Why do you need to change nursery hours? I'm confused

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mikkii · 20/08/2013 07:32

Regaining is correct. Any request must be considered, but need not be agreed to.

Are you hoping for a permanent change or temporary? They may agree to a temporary (agreed period) change to cover the nursery transition, while not being happy for a permanent change.

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Lonecatwithkitten · 20/08/2013 07:52

I would put you request in hard writing and use the words flexible working request so you are using the correct language (they only have to consider 1 per year so is this the only change you might need to make?). I would include good business reasons why it would work such as not having to delegate.
They then have 28 days to provide a response and must give business reasons why it is not possible.

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Boonyjinkies · 20/08/2013 08:05

Thanks everyone. I have to change childcare hours to fit in with nursery sessions, whereas previously I was using a childminder so hours were flexible. There are only certain sessions available at present so I need to fit round them. It would be permanent. I last changed my hours a year ago to fit round my other daughter school pick ups. In hindsight maybe I am being unreasonable expecting them to allow me to change, but I just didn't know the legal stance.

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RegainingUnconsciousness · 20/08/2013 08:25

Ah, I see. You've requested by email, which is essentially on writing. They may not consider anything else.

You'll have to wait to see what they say, perhaps be ready with another written proposal explaining why this is of benefit to the company and your colleagues.

If the manager doesn't agree I think you can appeal if they haven't given a robust counter argument, but most of the time it's not difficult to give evidence that your request has been considered and that it's not viable for the company. Especially since this sounds like a small company.

On the plus side, if there really won't be a negative impact and there's little company beaurocracy to deal with then they're likely to agree with it.

I think you'll have to wait and see. Good luck.

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chattychattyboomba · 20/08/2013 08:38

It's true they have to seriously consider, but they are not obliged to accept your request. This is why I did not go back to work... They were not able to give me a clear indication on whether part time would be available to me and I couldn't accept my old job back (8am to 6.30pm often later mon-fri) without knowing! Wish it was different. Would making working and having a child so much easier! Good luck!

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flowery · 20/08/2013 10:46

Your employer has to consider it using a formal procedure here but can refuse as long as they can give one of eight reasons and explain how that reason applies.