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Can employer force changes to flexible working already in place?

(10 Posts)
kittykat77 Wed 22-Jul-09 20:31:48

DH has a flexible working agreement in place to work full time hours over 4 days, so he can do the childcare 1 day a week while I am at work. This has been going on for well over a year now.

New boss has recently taken over and wants to 'review the flexible working'. DH is under the impression that he is going to be forced to go back 5 days. Does anyone know if they allowed to do this?

3seater Wed 22-Jul-09 20:33:30

this happened to a mate of mine and was justified under European working directive, don't knwo that it was right tho'

gigglewitch Wed 22-Jul-09 20:39:40

in my understanding the agreement lasts for a year, anything beyond that he would need to re-apply, to get another fwa smile They don't have to keep the same conditions beyond the renewal date. Mine has just ended, similar situation in fact. Am deciding whether to apply for a new one or whether to re-think!

lou031205 Wed 22-Jul-09 20:50:34

"Any changes to your working pattern will normally be permanent, unless you agree otherwise. Making a permanent change to your contract of employment is a big step, and should not be entered into lightly. If you have concerns about this you might suggest to your employer that a trial period of working flexibly might be appropriate."

From here

You can re-apply once per year, but unless you do, the change is permanent.

kittykat77 Wed 22-Jul-09 21:01:52

Lou I was also under the impression that the change was permanent, so I don't see how they can just decide they want to change it now. Surely they should not have agreed it in the first place? Obviously if he has to go back 5 days it will cause us a complete headache with the childcare, and will mean I either have to give up the extra day at work, or we have to foot the bill for more childcare. Seems very unfair given that the government are trying to encourage more of this for parents of kids up to 16 now.

gigglewitch Wed 22-Jul-09 21:51:03

<GW stands corrected> wink have also done some checking. Thank you lou, I now have bullets to go and fire at a certain sorry line manager tomorrow grin. Yet again, many thanks for mn, you have possibly just saved me a fortune wink

lou031205 Thu 23-Jul-09 07:37:57

More thanks to Google, I feel, but will gladly take the credit wink

RibenaBerry Thu 23-Jul-09 09:15:30

Yes, changes are permanent. There is no right to review flexible working unless it was in a specifically agreed trial period .

They would need to justify any changes as normal changes to terms and conditions, and certainly shouldn't be singling out flexible workers against other employees. There's stuff on the direct gov website about changing terms which I'm afraid I don't have time to link to.

flowerybeanbag Thu 23-Jul-09 09:24:30

Here and here about changing terms and conditions. The fact that those terms and conditions were agreed as part of a flexible working request makes no difference, they are exactly as permanent as anyone else's terms and conditions, and just as difficult to amend.

kittykat77 Sun 26-Jul-09 19:30:59

Thanks for the advice. Fortunately the boss didn't bring it up in his 'little chat' with DH, so I don't know if he has realised he is in the wrong. At least we will know where he stands if this does crop up at any point in the future.

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