Aibu to tell her that she needs to do a full shift.

[DawnFawn]

Hi,

Posting here for traffic to see I'd any managers/HR gurus knocking about.

I am a fairly new manager, I have been managing a department for about 2 months and all is running pretty well, however, I have an issue with a member off staff that I cant get my head around.

Let's call her Linda, she started under a previous manager who was a friend of hers. She doesn't drive and lives about 15 miles away with not great/not horrendous public transport links.

For about 18 months she got a lift to and from work with manager friend. But since manager friend left she was able to finish work earlier than the rest of the team, to get a lift home with another member of staff who finishes earlier. The stand in manager allowed this for an easy ride.

So......(thankyou if you are still reading)
In I come as a department manager, there is a festering resentment with team members that colleague is going home early, and it shouldn't be allowed. I totally agree but how do I stop this? She doesn't have any children, and doesn't require flexible working as such.

Would I be a bitch to say that she needs to be making her own way home? I'll allow a degree of flexibilty in the mornings, she can start 15 minutes later as this is when her lift arrives at the office, but she needs to finish with the rest of the team? Does she have any rights to say that she has been doing this for a while and should be allowed to continue?

I think a lot of people are missing the point here....

It’s not OP trying to be all in charge and show who’s boss, or a case of just cutting Lindas lunch break short, it’s the fact that Linda is leaving early and thus leaving the crappy end of day stuff to the other 2, seemingly more senior/experienced staff. No wonder they are pissed off - I would be too. I actually think OP is doing the right thing in considering Janet and George’s feelings.

I too manage a dept where one member of staff comes in an hour later than the other 3 do, because she works another job before coming to our workplace. This means they have already started their tasks, and when they have finished, they then have to go and help her finish her list. And yes they’re hourly paid so the late one doesn’t get paid for that hour she isn’t there in the mornings, but it causes resentment.

Another one handed in her notice (before I was manager) and somehow managed to wangle herself every Saturday off if she stayed - again causing resentment - personally I’d have let her go !

She is working the hours shes paid for but they are less than the others.
I think if its been previously agreed that she can work part time with this arrangement, then you need to check out whether you can legally make her now work full time. The last thing you want is to end up in an employment tribunal.
In the meantime she needs to be doing her fair share of all the less desirable tasks.

Some degree of flexibility around hours may be a good compromise here as you wouldn’t want to lose good experienced staff. I would agree with those saying if she works fewer hours then her contract and her pay are changed to reflect that, or she makes up the lost hours elsewhere as in shorter lunch break or extra shift ( depending on how much time is owed)

@Chubbyorcuddly good point about custom and practice

Linda is not contracted to do less work. Linda is contracted to do 40 hours. The fact that she doesn't get paid for it is irrelevant.

I've reduced my working hours twice in my present job, and each time it's been a variation to my contract, and a letter of agreement, signed by both sides, has been appended to my contract of employment.

Are you quite sure that she's still contracted to do 40 hours? There really ought to be some paperwork somewhere that sets out exactly the nature of the agreement, whether it's temporary or permanent, how it will be reviewed etc.

I'm going against the grain here, but I don't think there's anything wrong with working flexibly (I read that she's only getting paid for what she works). I would say your problem is with other members of staff feeling like they can have a dig at someone who's works different hours to them.

I'm inclined to agree. They sound childish and nit-picky to me. I also wonder if they resented the fact that the previous manager was Linda's friend and if, perhaps, there was a perception that Linda was treated more leniently than they were because of this.
the other two just have to suck that up imo. She asked, management agreed and it's been going on for 18 months.

If there has been a variation to the contract or a flexible working hours agreement, they need to understand that, rightly or wrongly, Linda asked, to reduce her hours, Linda got permission to do that and this can only be changed by consent.

If there are concerns about Linda's sickness absence I think you also need to be certain that the hours change is not connected in any way to any health problems. Both my reductions in hours were done for health reasons and therefore constitute reasonable adjustment. No way would they be able to make me increase my hours again (although, amazingly, a smartarse manager was contemplating trying it until HR put her back in her box!).

Linda is a chancer.
Ok the last manager enabled it, it is special treatment and there is no place for it on a team.
We can't pick and choose hours at the expense of our colleagues, she is not a part time, she needs to work the same hours as the team.
It is very unfair.

Check her contract, unless it is written in black and white then it must stop.

If her contracted hours are 40 though shes not fulfilling them

Not if the advice given by others is unreliable, subjective and frankly dangerous. If you've spoken to HR they should have advised you what you can and can't do. Unfortunately there are many in HR who don't follow the law.

And I have to say what you have a lot of here is ignorance. It doesn't matter if you want others' opinions if they are just that, and incorrect in any event. I speak here as a former manager and employment advisor for an HR department responsible for 3,500 people, who had to spend my time trying to undo the messes made by many a manager who had taken action based on popular opinion.

I would talk to HR. I had a co-worker a couple of years ago who was fired for not working the full shift she was paid for. This was viewed as theft by the management and she was dismissed on the spot. The resentment will only gather momentum if not checked.

Hot seat, there is no theft. She is not being paid for the hours she does not work. She's not skiving off early and being paid for it.

I too, read this is as ‘full shit’ and expected potty training toddler withholding poop post .. but this is equally infuriating for the OP!
I have no advice but it’s awful this even started in the first place

Speak to your HR dept or legal advisor - if this goes badly and you don’t do that then no lawyer or tribunal will accept your Mumsnet legal advice over following proper channels

How hard is it to read a thread? This person isn't being paid for 40 hours

I know the situation well. A colleague and I had some flexibility in working hours, usually working longer hours. Other jobs had set hours and we found ourselves being asked for a lift by another colleague who didn't drive. It took both of us out of our way to collect her. If I left in time she would just say to her Manager that she'd catch up and it saved her about £4 per trip. At the time that would have been more than an hours pay. But it did mean other staff having to finish extra work. I retired and he moved jobs and she then had to work the set shifts so arranged a lift for petrol money with another colleague.

If you can accommodate the shorter hours in the workload then her pay should reflect the hours worked.

I'm thinking an ideal solution would be to transfer Linda into a dept where she could work the same hours as the colleague who gives the lifts and transfer to you, someone from that dept who doesn't mind the extra 1hr pay. Any chance of that?

The OP I was with you however reading your update yabu.
She's working less hours and getting less pay. She is working the hours she is being paid for. The other staff are being childish moaning about having to do the agro jobs at the end of the day and yes you would be very unreasonable to say if another worker is away she needs to stay, that's not her fault. That fact that she has no children is irrelevant, flexible working isn't for people with children it's for anyone who wishes to apply and you shouldn't judge her responsibilities out side of work on if she has children or not.
The other staff need reminding that she is working the hours she is being paid for and it's none of their business. You you wish her to take a share of certain tasks then make it clear what they are but I'd be very careful as it could easily be considered that you are bullying her for wanting the flexible hours that she has already been agreed. To change this you would need to prove it detrimental to the business in a way that it wasn't previously.

Not quite the same but I worked with a chap who came in at 9.10/15 every morning. His hours were 9-5.30.
Why?

He commuted by train, 30 min journey. If he got the 8am train, he’d be at work at 8.40am (station 10 min walk from office). This meant he’d be ‘hanging around’ for 20 mins 🤔. So for three years he got the 8.30 train and sauntered in at 9.10 ish to start.
It drove me crazy, to the point I was cross with myself for getting so annoyed.

For years I travelled 20 miles to work on public transport which was not great/not horrendous. As I live in a village the only bus I could catch to get me to work at anytime in the morning was 07.15. I would be at work by 08.15 for a 09am start.. Although I was working 35 hours per week flextime I couldn't just leave work early because I arrived early, this had to be arranged to ensure there was cover for a customer service facing job of hours 9 to 5. So maybe once a week I could leave early enough to catch the 16.30 bus home. Most days I caught the 17.45 bus home. I did build up enough flextime to have a flex day off a month ( as long as there was enough cover). To expect to leave early every day would have meant at least one of my colleagues wouldn't have been able to leave early for essential reasons, Medical appointments, child's birthdays etc. Most of my colleagues were in the same position. I often used the extra time between 5pm and 5.45 to do some shopping etc. I am feeling no sympathy for Linda, and I can understand her colleagues becoming disgruntled. Being employed as part time initially is totally different to changing your working hours to suit public transport , lifts etc.

Is she still entitled to sick leave and holidays as per someone who is employed 40hrs per week? Is she planning her life accordingly? I think she is probably taking the piss a bit. I think the contract needs to be adjusted.

The other staff are being childish moaning about having to do the agro jobs at the end of the day and yes you would be very unreasonable to say if another worker is away she needs to stay, that's not her fault. That fact that she has no children is irrelevant, flexible working isn't for people with children it's for anyone who wishes to apply and you shouldn't judge her responsibilities out side of work on if she has children or not.
The other staff need reminding that she is working the hours she is being paid for and it's none of their business

If I were one of the other staff who had to do the crappy tasks, I'd be ticked, and, as I had to do the crappy tasks more because this co-worker didn't do them, because she had to leave early as she needed a ride, then I would consider it my business.

It seems the sole reason this is an issue is that the co-worker can't get to work herself. We have tons of threads about CF co-workers expecting rides to work. The consensus on those threads is that the CF is responsible for their own transport. How is this different?

Just wanted to chip in and say there is some very good advice on here so well done guys.

I agree: 2 separate issue so 2 separate meetings.
Deal with the hours first, and then tell her there will be a 2nd meeting to discuss sickness.

I also agree that it is fine to stamp your authority: you're the boss and your other employees will respect you and know to behave.

Good luck OP.

Lazypuppy. Vommits!. Think thats what this Linda does at the thought of doing a full shift!