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Flexible working request - trial period??

8 replies

dinkyboysmum · 27/03/2009 20:25

My employer is suggesting a 'trial' period for my flexible working request. They are suggesting a 6 week trial...starting in April, but this seems a long time.

My reasoning is: i am due to go on maternity leave at start of june, and would like to agree the terms & conditions of my flexible working prior to my maternity leave (so i can return to the new arrangments too). the 'trial' would take me up to my maternity leave.

dont they have to either accpet or refuse a request? can they enforce a trial period? is there a limit on how long this trial can last for?

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Katisha · 27/03/2009 20:30

I don't know the law here, but just to say I had two "trial periods" for flexible working (for return from both my maternity leaves) about 10 years ago when my dept was pretty new to the idea and suspicious of it. They both just petered out with nothing being said and I have worked flexibly ever since. And now loads of people in the dept do it.

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flowerybeanbag · 28/03/2009 08:55

6 weeks isn't a long time to trial a flexible working request. 3 months is quite common. Why don't you want to do as long as 6 weeks?

I am in favour of trial periods generally from the employee's point of view. They can only go ahead with mutual agreement, so you can refuse, but if your employer is asking for one it means they may well refuse your request altogether without.

What is your concern about doing it? It's a good opportunity for you to demonstrate how well your proposal will work, and therefore make it extremely difficult for them to refuse it.

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Mellin · 28/03/2009 09:10

I had a 3 month trial period trial period for my flexible working arrangement. It was on my return from maternity leave.

It gave me the opportunity to prove to my very sceptical manager that the arrangement would work.

I agree with Flowery that, as long as the trial period goes well, it then makes it very difficult for your employer to refuse your request.

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dinkyboysmum · 28/03/2009 14:35

had i applied earlier for flexible working, a six week trial would have given me ample time to prove it will work. if trial goes ahead, and works, do they then have to refuse/grant the request? i will be due to go on mat leave at this time, so am concerned they will refuse it then. as stated earlier, i would like to agree the flexi working & then return to it when i come back from mat leave (i anticpate taking only 4 months only for financial reasons). if they dont agree it, there is no way i can continue physically and emotionally working these hours with two children (one of whom will be only 3 months old-ish). am finding it tough now. In which case, i would rather know now so i can plan for something else (dont ask what!!??)

Can i hand in my notice and still claim mat pay? If i handed in my notice now (as am finding this all v. stressful, alongside being pg too), would i still be entitled to claim my mat pay (basic 6 weeks @ 90% then rest at SMP)? or would that stop?

(i should perhaps add i am only requesting for 4 hours off per week, from a full time 37 hour per week job, so its not a massive change i dont think)

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Katisha · 28/03/2009 14:40

You probably can't second guess what they will say until you have actually done it. I would advise just making the trial period work to the best of your ability and taking it from there.

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flowerybeanbag · 28/03/2009 18:32

It's very unusual for an employer to consider a request before you've even gone on maternity leave, so you are very fortunate. Most people go on maternity leave without starting negotiations for their hours when they come back.

You say that if you'd applied earlier, a 6 week trial would have been ample to prove it will work. Surely the same still applies if it takes place in April? If 6 weeks is ample then 6 weeks is ample, regardless of when it is.

With a trial period, it's just that, a period to trial the request and see if it works. At the end of the period you'd have a discussion with your employer to work out whether it is going to be finalised or not. You're not losing anything by doing the trial period, it's a good thing for you, and makes it much more likely you'll get what you want.

If it comes to the end of the trial period and they don't agree it, you can resign if you want to. If they do, then great.

If you resign after you are 25 weeks pregnant, then you will still get your SMP, so that's fine.

Reducing by 4 hours a week is not much at all, as you say. It does concern me a bit that you say there is no way, physically or emotionally you could carry on doing 37 hours, but you seem to feel sure that doing 33 hours with two children including a 3 month old baby will be fine. If you're already struggling with the hours you are doing, when you have a tiny baby to contend with as well, is such a small reduction really going to be doable?

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ilovemydogandMrObama · 28/03/2009 18:36

And also realize that your maternity pay is based on your terms and conditions before maternity leave. For instance, if you agree you will do a 4 day week, this is what you will be paid as it will be a permanent change to your terms and conditions.

But, at least you will have certainty re: flexible working which for a lot of women means they can relax and enjoy their maternity leave...