Flexible working arrangements - trial period

[poisondwarf]

I applied to work a 3-day week at the beginning of the year. My employer instead suggested a 4-day week for a 3-month trial period starting 1 April (3 days in the office, 1 at home).

I am now at the end of the 3-month period and my employers have just told me that they will not make this arrangement permanent but it will be reviewed at the end of next March, i.e. after 12 months in total. Can they do this?

I was under the impression flexible working arrangements were a permanent thing, although a trial period can be agreed. Can they extend the trial period to a year and if so, what is to stop them extending it again after March?

Assuming they are in the wrong (they usually are - our HR department is pretty useless) what is the best course of action? Do I kick up a fuss straight away, do I wait until the year end and then take it up with them, do I make another application for 3 days at the beginning of the year (as that's what I'd still like to do if money permits)?

If I am to take it up with them straight away I need something very concrete to show them - all the stuff I've looked at so far (directgov etc.) has been a bit too vague about trial periods. Does anybody know of a website that spells the situation out very clearly?

Also, whenever I look into the flexible working request process I'm a bit unclear about how it applies to me. My original request was for 3 days, not 4, so did they accept my request or reject it?

Sorry, probably too many questions there. I'm confused!

[flowerybeanbag]

Flexible working requests do result in permanent changes to your contract, yes.

Trial periods can take place if both parties agree to it, and there is nothing saying a trial period can't be extended.

However you can refuse and request that they give you a decision either way. You can say that you feel a three month trial period should be sufficient for them to make a decision as to whether they are going to refuse or accept your request.

I'd probably do that tbh. Sounds as though they are using 'extending the trial period' as an excuse not to make a permanent arrangement and give them a get-out if they want to change your terms and conditions back again.

I'd probably write formally saying that following the agree trial period of three months, you understand that they are now requesting an extension to the trial period of a further nine months. Point out that under flexible working legislation, you are entitled to request a permanent variation to your working arrangements, which you have done. Say that a trial period to ascertain whether a proposal will work is common and something you were happy to do in order to demonstrate how well it could work, however you feel that three months should be perfectly adequate to enable them to make a decision.

With that in mind, you are declining the request to extend the trial period and are instead requesting a decision be made at this time. Say that as you are sure they are aware, if they feel they want to refuse your request, they must provide adequate and reasonable business grounds for doing so.

Then I'd probably give some information/evidence as to how well it's been working so far.

Bear in mind that you can only make one request in any 12 month period, so you won't be able to make another one until a year after the first one. Doesn't matter whether it was agreed or not.

[poisondwarf]

In that case looks like I'm better off keeping my mouth shut to be honest. If I demand a decision now it's likely to antagonise my boss and then it'll be back to 5 days in the office, which is exactly what I don't want. They would have no trouble coming up with "adequate and reasonable business grounds" for refusing I think, especially as we're mid-restructure and my job is under threat anyway (which AFAIK is one of the legitimate grounds for refusal).

I'm sure you're right in that they're trying to put off a decision so they can keep their options open, rather than because they aren't yet satisfied that the arrangement is working. The very cynical part of me thinks that they could eventually use a refusal to get rid of me if I don't fit into their plans when it comes to it. I have moved a long way from the office - 5 days would just not be manageable for me any more and my boss knows that.

I think I will just wait until the end of the 12 months and either ask them to make it permanent then or reapply for a 3-day week. The trouble with that is that I'm likely to have a different post & different boss by then (if I survive redundancy that is) and I was hoping to be able to carry my 4-day week over to the new post if possible.

Thinking about it, this could go on forever if I'm understanding you correctly: a 12-month trial period followed by another application followed by another 12-month trial period. Effectively it would be like a succession of fixed term contracts I suppose. Anyway it's just too risky for me to try & force their hand so I guess I'll just have to live with it.

Thanks for taking the time to give me advice fb - very much appreciated.

[flowerybeanbag]

Well it could go on forever if both parties are happy with that. A flexible working request does result in a permanent change but that doesn't mean that by mutual consent, temporary changes can't be agreed.

It's about what will get the right result for you. If you think they would be able to reasonably refuse your request, and would do so if you requested a permanent decision, then yes, a temporary arrangement to be reviewed after a year sounds like quite a good option tbh.

You could actually view it as positive. Because of the restructuring they are not in a position to agree a permanent change, but they do want to keep you and want to accommodate you if possible, so are offering a temporary change instead. It's quite a long-term thing; they are not insisting on reviewing it every couple of months, so it does give you an element of permanence in terms of making childcare arrangements etc

If they genuinely can't agree a permanent change, a long-term temporary change is the next best thing.

[poisondwarf]

Mmm, it's the mutual consent thing that irks me - I don't feel like it's mutual at all, more of a like it or lump it situation.

But I'm just nitpicking really - it does have its advantages. And you're right, at least I have the certainty of a 4-day week up until next March which in the big scheme of things is quite a long time, especially considering there's no guarantee I'll even have a job by then! So yeah, I am just going to sit on it and see what happens.

Thanks again for the advice - very useful.