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Flexible working. Can it be withdrawn?

9 replies

Nicknacky · 30/06/2017 19:04

I have had a flexible work plan for over two years now and I know one of my colleagues has an issue with it. I have a new line manager and I'm interested to know if my plan can be withdrawn if my line manager agrees with my colleague? Thanks in advance

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flowery · 30/06/2017 19:15

It's no easier to change your terms and conditions than it is anyone else's - the fact that your current terms came about as the result of a flexible working application doesn't make them any more variable or temporary than anyone else's.

That's not to say anyone's terms and conditions can't ever be changed, but the fact that yours are the result of a flexible working request doesn't make it easier.

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Nicknacky · 30/06/2017 19:36

Thank you flowery. That's what I though but wasn't too sure. There is another woman in our office with a similar plan to me althought she works less hours than me so I couldn't see how they could have an issue now with mine without having a problem with hers or other females within the organisation.

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CountryLovingGirl · 02/07/2017 19:06

I'm NHS and ours are reviewed each year. If the FWR was for childcare then it would be removed once children were old enough to take care of themselves. Or, any other reason they could think of!

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flowery · 02/07/2017 21:40

Just because the NHS does it doesn't mean it's lawful. Unless the employee and employer mutually agree a trial period or temporary arrangement, any change as a result of a flexible working request is permanent. The employer can't just decide to "remove it".

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daisychain01 · 03/07/2017 05:28

If it has been working fine for 2 years you have set a precedent that they will have a hard time to try and disrupt. They could say the change is for " business reasons" but they'd have to come up with a very robust reason, and they'd be on very shaky ground.

We had a big change in work practices a couple of years ago when the management attempted to disrupt long standing FW arrangements and it even went to consultation. In the end they gave up, they could see an awful lot of 'Tribunal cases' in the making and knew they couldn't force it through.

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EdithWeston · 03/07/2017 06:46

After two years, those are your settled hours and should not be changed.

Some flexible working requests do come with a trial period to see if there is an adverse business effect, and can be altered at the end of that period, but two years is way beyond a reasonable timetable for that.

The only way they could go about it would be via redundancy of the part-time role. That would spend on the nature of the role, not whether it came into being following a flexible working request, and would be unrelated to other roles (unless all affected by same business restructuring or other change)

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Nicknacky · 03/07/2017 23:09

Thank you everyone. It's never been reviewed and I work 83% and do all my unsociable hours and still stay late when required whilst others leave.

My FW I wouldn't say is strictly for childcare reasons, more a work/life balance. And my role would never be deemed redundant (police officer) so I don't need to worry about that.

Making life difficult though.....that's a different thread!

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DeanKoontz · 03/07/2017 23:14

Be very careful. I was in this position. Had flexible working arrangements for 6 years which a new manager wanted to change. To cut a very long story short, he basically bullied me into leaving. I had been there 16 years Sad. None of my colleagues had an issue with it, just him.

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Nicknacky · 03/07/2017 23:18

deankootz (love the author when I was young by the way)! I'm sorry to hear that. That's what slightly worries me, not the legalities as such but attitudes towards FW. I wish it was utilised more in the police than by new mothers but it will take years to change attitudes.

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