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Advice please re changes to flexible working

(6 Posts)
Whatutalkinboutwillis Wed 19-Mar-14 18:02:27

I made a flexible working request 3 years ago which was verbally granted though I was never given a new contract. I work rotating shifts over 7 days but my agreement seen me have the same 2 set week days off to help with child care. I work part time so the girl I work opposite also had 2 set days off which helped her also.

Fast forward 3 years and it has been decide they are changing the roster. They are now saying we can't have set days off anymore as if one of us leaves it would not be easy to replace us due to set days.

They have also increased our weekend working so we are both working more weekends than full time staff.

My questions is do we have a leg to stand on fighting this as they never put the agreement in writing? Also can they make us work more weekends than full time staff?

Many thanks for reading

Whatutalkinboutwillis Wed 19-Mar-14 18:25:57

Sorry I seem to have made 2 threads about this as this first one did not how up for a while

flowery Wed 19-Mar-14 18:29:57

Was it a formal request using the proper flexible working procedure? Those requests result in a permanent change to your terms and conditions.

As well as that, working the same set pattern for 3 years continuously means those would be likely to be your permanent terms anyway.

What does your contract say about hours changes and weekend working?

Whatutalkinboutwillis Wed 19-Mar-14 18:59:42

Yes I made a formal request which hr verbally granted but nothing was changed in my contract. My contract states I do rotational shifts. Weekend working has always been spilt equally with us all working 2 on 2 off however it has been changed to a 15 week pattern and now part timers work 9 out of 15 and full timers 7 out of 15.

flowery Thu 20-Mar-14 08:32:49

Ok well the fact that they failed to fulfil their obligation to confirm the changes in writing after your flexible working request doesn't mean those aren't your terms and conditions.

You can write to them saying that you have taken advice winkgrin and you understand your consent is required to make changes to your terms and conditions. Since your request to work two fixed days a week was granted three years ago, those have been your terms and conditions and similarly as you have been working two weekends on two off consistently for x years, those are also your terms and conditions. Unfortunately you are not prepared to consent to the proposed changes.

You should also say you are concerned at their proposal that part timers must work more weekends than full timers. Part timers are entitled to be treated no less favourably than full timers and (if part timers are more likely to be women at your workplace) this decision could also be indirect discrimination.

Whatutalkinboutwillis Thu 20-Mar-14 16:11:49

Thank you, that gives me more confidence to take things further and not just accept the changes that have been made in my absence.

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