to be very mad at my employer?!?

[EvieBear]

hi,
i filled out a flexible working request while on mat leave as i wanted to work a 4 day week.... my company refused on the basis that the company was small and it would flex the existing staff too much. i accepted this as i knew that i had a particular client i took care of, and i had to be there for them 5 days per week as i knew them and had built a relationship with them, and they were paying for my service. i appealed the request when they declined and then accepted it understanding that my company was in a position where they couldn't tell the client to bugger off if they needed me on that 5th day...

i return to work a few months later and surprise, surprise I am in a different role and the client has been taken away from me - i dont care about this but- i am not dedicated to any particular client anymore... i am a general customer support employee dealing with random queries from random clients on a daily basis. i feel slightly cheated now... what do you think? no one told me i was coming back to a new role with a new boss!!!! i just found out th day i walked back in, and i feel that a 4 day week but be totally feasible now i dont have a specific client i work for.
i'm really mad about this.
what would you do?

Hopefully there's an employment lawyer on here who can give you some advice but in the meantime, a couple of thoughts:

• re flexible working, I would have thought that you could apply again (not sure if there is a minimum time period between applications). If the job has changed then the decision should be based on the new situation.

• is your job change still within your position description? Not sure if you are happy with the job you have been 'moved' to but, if not, I wonder if there is any ground to argue that you have been treated unfairly?

Doubt you could argue both though - I imagine that you'd have to work out whether the role or the part-time thing was more important to you. But then I'm not an employment lawyer....

Yes chiccadee, you can only make one flexible working request in every 12 months!

Thanks for your thoughts, I am fine with the new role actually (less stress)...

An employment lawyer's opinion would be great!

They should give you statutory notice on a change of role so they are bu. But they have every right to refuse a request for flexible working if they have valid reasons. And employers can find valid reasons if they want to.

I'd speak to hr or senior manager about the role change. What size company is it?

AFAIK they can't just change your role without bothering to tell you!

No knowledge of emplyment law, but try the ACAS website.......I found it useful when wrangling with my employers over maternity leave!

Hairy - thanks; what does bu stand for? There are about 40 employees in the UK office, far more in the US and a few dotted around mainland Europe.

sapphire- thanks will check out acas now. do they really have to give notice of a change of role? wasn't sure!

bu = being unreasonable.

I'm pretty sure they do have to give notice, yes. Not 100% though.........hope asas was some help.

There have been a myriad of mess ups here.

When you were on matenity leave it sounds like there was an organisational change. Was there a collective consultation with the union (if you have one)? Were you individually consulted with? You should have been told that your role was going. As you were off on maternity leave, you would have primacy of any suitable alternative roles as you are protected by section 10 of the Employment Rights Act 1996. Was your ol d job given to someone else? Huge no-no!

They (your employer) may try to argue no consultation was required as roles could be
found for all staff. Even if this was the case, you are entitled to a similar role on the same terms and conditions and similar status on your return so there is a breach there. They are in breach of contract
as they are trying to unilaterally change your terms and conditions without consent so they are effectively dismissing you from your
current role. You would therefore have an unfair dismissal claim there.

To add another dimension to it, the company has applied a practice that has disadvantaged you because you're a woman ie. men can't have kids. You therefore have a sex discrimination claim as well.

You should not accept the role and put a formal grievance in. You need legal advice to follow this route as you have been (non-legal parlance here) proper fucked! Still, if you like the new job nay bother - just watch out for future doormatting!

I hope that's useful.