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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To expect my employer to be a bit more flexible

44 replies

butterfly86 · 31/01/2015 21:39

I'm due to return from maternity leave in 7 weeks time, I'm going back part time which my employer is fine about. I asked weeks ago to have a meeting to discuss my new hours etc but have been kept hanging on until now, I reserved some days at nursery in november just so we had a place and other days will be covered by family. Anyway I went for meeting and was asked what I wanted to do so I said these are the days I have childcare and without even letting me finish my employer said no I want you to work these hours-one of the days is a day I have no childcare as the nursery don't have a place that day. Am I being unreasonable to think my employer could at least have tried to come to an arrangement why ask what I wanted when they already had in mind what days they want me to do. The person covering my maternity (was employed when I left to cover me) is being given preference of hours. I don't think there is going to be any flexibility and I'm afraid I might have to walk away, I'm considering going self employed if necessary (could easily be done in my type of work) but I feel a bit upset as I've worked there for 10 years and the staff turnover etc has been huge and I've been loyal and bent over backwards (it's a small family business).

OP posts:
DamnBamboo · 31/01/2015 21:59

They have to consider flexible working but not necessarily to accommodate your exact choice of hours.

That's just how it is.

LadyLuck10 · 31/01/2015 22:06

Yabu it's only one day that leaves you without childcare, which turns out to be flexible enough on their part.

Original poster
butterfly86 · 31/01/2015 22:09

I do understand that acas have advised me to submit an official flexible working request as the meeting was very informal, I was hoping that I have childcare for 6 days out of 7 we'd be able to come to an arrangement and now because I've been kept waiting so long there's no availability at nursery on the day I need. Hey ho suppose it's up to me to sort just feeling a bit meh about it

OP posts:
EdSheeran · 31/01/2015 22:10

YABU, you have no legal right to dictate what you want.

purpleapple1234 · 31/01/2015 22:12

It does sound like shoddy treatment. Have you considered constructive dismissal? I had a contract not renewed after my pregnancy (of course nothing to do with the pregnancy itself). So am very sensitive to unfair treatment of maternity leave etc. Am interested in other opinions.

msgrinch · 31/01/2015 22:14

Yabu. They don't need to accept your chosen days, you shoud have spoken to them before that.

Original poster
butterfly86 · 31/01/2015 22:16

I am not dictating I was asked what I wanted- told them but the hours had already been decided before I got there I don't think that's "seriously considering flexible working" been told there and then with no consideration. Just pissed off as everyone else change hours all the time say can't do this that or the other and get what they want and I thought maybe we could come to an arrangement by swapping that day with my mat cover but seems not.

OP posts:
sharonthewaspandthewineywall · 31/01/2015 22:18

I don't understand why they asked what you wanted to do if they were going to tell you what they expected you to work. Very odd

Original poster
butterfly86 · 31/01/2015 22:18

purple I think it would be the perfect situation for my employer if I decide not to return I feel it's what they want, not necessarily anything to do with me but business is quiet. msgrinch Ive been trying to sort it for ages but have been kept waiting until now

OP posts:
NotGoingOut17 · 31/01/2015 22:21

You can put in a formal request and ask them to reconsider, I would advise that you show flexibility where you can in order to maximise your chances. When I have changed a working pattern in the past I have always asked for a day when I know the least amount of people are off and have also in the past offered to increase my hours on a day when we have a lot of part timers off that day. I know it won't be that easy for you if you have childcare to arrange but it's worth thinking about where you can be flexible too.

But in short, if they cannot accomodate the change, then they have every right to refuse it as long as they can justify it if it was challenged. Given that they have agreed to the part time change it doesn't sound like they are being deliberately obstructive.

It really depends what you have requested, where I work you would have more chance of winning the lottery than getting a non working day of Monday or Friday and the business can easily justify it because they already have lots of people not working those days. Hence why if employees can be flexible, in my work place I would always advise people to consider applying for tue, wed or thur off - much more likely to get it.

PtolemysNeedle · 31/01/2015 22:27

They are being flexible by letting you go part time, even if that does work out well for them.

I don't think it's that bad if they are specifying one day and you are choosing the others. Do you have a choice over the other days?

Original poster
butterfly86 · 31/01/2015 22:28

Thanks Not it is a midweek day I have no cover the other days are no problem I can be as flexible as they like, I knew I wanted to return part time but before I mentioned it my employer suggested it and at the meeting had those 3 days written down- I wonder what would have happened if I said I wanted to back on my full time hours they were banking on me cutting down!

OP posts:
Original poster
butterfly86 · 31/01/2015 22:30

No don't have a choice over the days they specified the days but the others aren't a problem I'm just really stuck on the 1 day

OP posts:
Starlightbright1 · 31/01/2015 22:38

can't you simply ask the nursery if they can change the one day a week..Are they giving you one regular day off a week?

Nicknacky · 31/01/2015 22:43

What about a cm in the day the nursery can't accommodate?

Original poster
butterfly86 · 31/01/2015 22:45

The nursery have no availability on that day until this time next year I've already asked, I had reserved 2 other days but neither of them days are the ones I'm being asked to do.

OP posts:
expatinscotland · 31/01/2015 22:53

YABU

TheRealMaryMillington · 31/01/2015 23:03

So, write a good, persuasive letter requesting the working arrangements you would like. Give them a good business case for agreeing to it. Make it hard for them to make the business case for other days. (no idea whether the job-share partner's availability is a good business case or not)

If not, look for another nursery or childminder like everyone else does
Or ask to do 2 days. Don't walk away unless there are other very good reasons to do so/you want the excuse/you have something else lined up

BTW if you have a partner, they also entitled to ask for flexible working, perhaps your OH would be able to work a day at weekends or drop to 4 days?

Original poster
butterfly86 · 31/01/2015 23:17

Thank you marymillington I will do that acas have sent me information regarding flexible working request so will get a letter written up. The reason I can't look elsewhere for childcare is it's really near to home and on that day I wont finish work until 8 by which time nurseries will be closed we need it nearby because if dh can't get home in time for closing we will need gp to do pick up and the don't drive. If there's no way around it I will ask to do 2 days but can't see that going down too well either.
My dh also works for a small company and is highly unlikely to get flexible working his boss in an arsehole

OP posts:
msgrinch · 31/01/2015 23:30

Try a childminder? or different nursery. You have to "shop" around. I think they're being very flexible.

TerryTheGreenHorse · 31/01/2015 23:36

An employer only has to consider flexible working, not grant it.

It's not that tricky for them to justify refusing it.

I would ask them to reconsider as a PP said but be flexible offering to work any hours apart from that one problem day, if they say no I don't think there is a lot that you can do about it.

If you want impartial advice I would give ACAS a bell and see what they suggest, they might be able to help you approach another request.

TartinaTiara · 01/02/2015 11:08

You could try calling their bluff, and say that if you're going to have to effectively get full time childcare because of their inflexibility, then you will expect to come back to full time hours. Not ideal, but afaik legally that's all they have to offer unless you put in a formal flexible working request.

Doesn't mean you can't then put in for flexible/reduced hours later, but the prospect of having to pay you full time might concentrate their minds on the issue.

tobysmum77 · 01/02/2015 11:16

put in a proper flexible working request. Of course you can always put dc on the waiting list for nursery for the other day. The other option is that you start on 2 days until they have a place.

Another option of course is that dp puts in a flexible working request as above and asks for a few months on 4 days.

yanbu imo but people on here are very accepting of employers generally imo.

SnowWhiteAteTheApple · 01/02/2015 11:21

You only have the right to request flexible working, not the right to dictate when working suits you. They have agreed to a request for a reduction in hours so are willing to be flexible but they have a business to run and shouldnt have to work around your desires to the detriment of the business.

It's very easy to see a flexible working request from just your own point, the employer has to look at it from a business point and also ensure other staff aren't compromised hence the law says consider not the automatic granting.

CalicoBlue · 01/02/2015 11:25

UANBU, you have tried to speak to them about this, if they have postponed talking to you about your return to work and the days they want you to work till 7 weeks before you come back, they are being unreasonable.

Sounds like they are pushing you into a corner. Is there a valid business case for you working that day? Maybe they are giving the mat cover preference, is she cheaper than you? If they suggested part time before you did then they obviously want you to do that and should be more flexible. If they are being this unpleasant before you return you might be better going freelance and choosing your own hours.

I have two members of staff who have come back from Mat leave part time. Both times we met 3 months before they were due back, discussed what they wanted number of days etc. Then tried to set up a working pattern that would work for us both. This then gave them loads of time to sort out childcare. I have two very happy loyal employees.

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