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Flowerybeanbag, pink teddy and any other H.R. Royalty - I feel i should know this but i don't...(12 Posts)
So please could i borrow your great depth of knowledge for a bit??
Gist is, I have a flexible working arrangement which was put in place in May [this is about my fifth, you understand, as i tend to amend them annually to keep up with the needs of the family] Anyway, I have applied for another post within the company, interview on Thurs, and what i really need to know at this stage is whether my FW application/arrangements apply only to my current post (which i'm sort of assuming that they do) or whether they're transferrable as it were iyswim.
Assuming that the current version applies to my current post, would I be allowed to make another application quite quickly if i got the new post or does the year exclusion still apply?
Any info gratefully received
Just wanted to reply so you weren't going unanswered but I think it would only apply to your current post.
But you definately need Flowery or someone else savvy with HR! :D
I would say that your flexible working arrangements apply to your current post and would need to be re-negotiate for any subsequent posts. In my mind it is therefore logical that the year exclusion does not apply.
But I guess it could be argued the other way too, on the whim of the employer.
Hope that helps, and good luck.
I have to say I'd disagree with llareggub. The legislation simply states that an employer can make you wait a year between applications.
If you choose to apply for a different job within the organisation that has different hours I don't think there is any legal reason why the exclusion wouldn't apply. You would be choosing to move away from the arrangement yourself, iyswim? I think employers would be tempted not to consider candidates for positions if they automatically had to retain existing flexible working arrangements that had been negotiated on the basis of a particular job. When you put an application in, there is often detailed discussion about how the job will work with the new hours - rearranging tasks, changing responsibilities, etc, and I don't think it would be reasonable to automatically have to transfer those arrangements to a different job if it's one the employee is choosing to apply for, rather than being moved to by the employer.
Having said that, your employer obviously know what your current arrangements are and have invited you for an interview. In my mind that means they must at least be open to discussion about maintaining your arrangements in a new post. So hopefully it will be fine.
I think we shall have to agree to disagree on this one!
As I said earlier, I think it could be argued either way and there is no harm in giving it a go. I depends whether your employer wishes to stick rigidly to the legislation or whether they are able to easily flex the role.
I think the trouble is even if someone made the legal argument that the arrangement must remain in place regardless of any move to a different job, if the employer didn't want to do that they just wouldn't appoint the person to the new job.
I think the signs are good here though - they are obviously very open to flexible working if you keep successfully making different requests every year, and I can't imagine they'd interview you if they weren't prepared to continue the arrangement.
Oh and I do agree that there is a more compelling argument for allowing a new request to be made earlier than a year when there is a change of job. I don't think there is actually any legal basis for an employer being compelled to waive the time limit for a change of job unless there's been some case law which I haven't picked up on, but it's certainly more reasonable to ask the employer that.
That would obviously entail applying for and accepting the new job on the basis it is advertised, then making the request and hoping it's accepted.
Either way I think the best option is always to explore the situation by means of more informal discussion first.
thank you all very much, I really do appreciate the combined wisdom (and polite debate) of MN-ers.
I'm just thinking now that i should see how the interview goes <crosses fingers> and then see what happens after that.
The main difference between the posts is that my current one is a service management role, and the post i'm going to interview for is an advisory, company-wide post. the travel and so on are no problem, but atm i work from home for the equivalent of a day a week - which basically amounts to doing a heap of admin in the evenings and leaving my Fridays free. With my rose-tinted specs on i can see that i could easily work my week's worth of hours by Thursday, thus having effectively the same arrangement . Depends whether the director sees it that way tho
Agreed -flexible working if in a new contract pertains to a role and cannot be changed by employer at whim or indeed the employee!
If it is a small organisation then they will know about your situation - if it is a big org they may not.
Be prepared in the interview for a few surprised faces if they don't know and it is new news to them.
They do however have to consider if it can be done on flexible terms.
agree with flowery - conversation would be good pre interview.
Whatever you decide - GOOD LUCK!
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