To think they can't just change my agreed hours now

[ER1992]

I am due to go back to work in 2 weeks after a year on maternity. I was previously working 40 hours per week Monday to Friday. But will be reducing to 16 hours - 2 days a week which are the days I have fixed child care. This was all agreed with my manager 6 months ago (a lot earlier than it need to be done by but I wanted to know it was sorted). I have it all agreed in writing and the acceptance from HR who have also agreed to the new hours.

However, since this has all been agreed two people have handed there notice in and left, leaving staff shortages on certain days of the week. I'm now being made to feel guilty about working the 2 days I've already agreed and have been told I may have to change the days. This isn't doable as I won't have child care for the days they are now wanting me to work so would mean I will have to hand my notice in and be left jobless.

Can the company legally change my new hours after already agreeing to them?

Do you have it in writing / emails?

If you havent had a contract or hours agreed in writing, I suppose they can change them. It sounds like they have said you "may" need to increase your hours, they arent forcing you to.
If you tell them that you can only do 2 days, or you will have to hand your notice in (if that is definitely the case) that may change their minds.

I think it depends what was put in writing. When I reduced my working days after my first baby I had a letter from HR confirming the hours and days, noting that it was for an initial 6 months to see if it worked out well for both of us, so they could've gone back on it if there was a pressing business need.

You shouldn't have to but could you swap your childcare days? Would you be worse off if you did? Does your communication from HR state the days or just the hours and over 2 days?

My work tried to do this to me. I spoke to my union and they told me that as a woman returning from mat leave my hours would be the most protected in the building. I just said I'd arranged childcare around the hours they had agreed, it would take months to change it and in any case I wasn't going to change so they would need to work something else out. I did go back and apologise for being so stroppy but they were very understanding.

Depends entirely on a contract or at least something in writing as proof

I think that legally companies only have to give you 6 weeks notice to change your working pattern.

reducing to 16 hours - 2 days a week which are the days I have fixed child care. This was all agreed with my manager 6 months ago (a lot earlier than it need to be done by but I wanted to know it was sorted). I have it all agreed in writing and the acceptance from HR who have also agreed to the new hours.

OP states clearly she has this in WRITING.

Your hours are agreed, just do as Zombie did, don’t offer, don’t weaken, they can recruit to cover the hours they have lost. They probably hope you will feel guilty enough to offer.

If they do say they are going to change or give you different days you must object, as you are on slippy ground if you don’t.

No, I dont think they can change them just like that if you have the approval letter from HR. Did this go in as a flexible working request and was it approved on a temporary or permanent basis? Is it your manager / team who are suggesting you may need to change, or HR?

Please join a trade union. You will have access to free legal advice and representation of things go wrong. Make sure you attend official meetings with a rep. www.tuc.org.uk/join-union

Check the wording, I'm going back on consolidated hours, it says in our policy that they can be reviewed every three months to see if they are working for the company and me. In prescribe I know a number of colleagues who've been on the same agreement for a decade or more, never reviewed, whose children are now at university. So my Union would argue precedent if they suddenly tried to change it, but it's in policy that they can. Definitely join a union of you can, not just regarding this but it's so reassuring generally. Unison have been great for me.

they can if they basically have to - asking for reduced hours after mat leave etc is fine and they legally have to look at it see if it’s viable - if it’s not they can refuse it x

Their problem, not yours. Stick to the agreement you have in writing. It's not your problem they've lost staff.

Yes I have it in writing to those who seem to have missread my original post.

No I can't change my child care days as my family have arranged these with their own work companies around what I had agreed with work. I can only change them if I put DS into paid childcare which means I would be no better off and no point me even going back to work as if only be working to pay the child care.

I think half the problem is, before when I worked full time I was very flexible, worked extra hours when I could, came in on my holiday if they were short staffed, changed my shifts to help others out etc. Now I can't be this flexible I'm being made to feel guilty

Say nothing and stick to your guns.

I think it really depends on the wording in the confirmation email. For example does it say you will be working such a day and such hours or does it say you will work 16 hours a week? If it says just 16 hours a week and no set days and times then they are within their rights to change your hours to suit the needs of the business. Legally I think if you refuse they have to give you so many weeks notice (12 off the top of my head).

Yes they can. I work in this field. They need to follow due process and have sound rationale, and (pretend to) consult with you but yes they can change your hours if they have sufficient business need to do so.

@CloudsCanLookLikeSheep Yes they can. I work in this field. They need to follow due process and have sound rationale, and (pretend to) consult with you but yes they can change your hours if they have sufficient business need to do so.

For someone who works in this field could you elaborate, what sort of business needs could allow an employer to do this? How common is it?

I'm not an employment lawyer but work with women and employment and although I have heard a fair few employers threaten to change a mothers hours of work, they have never been able to follow it through once the employee has made an objection. Sometimes the employee has needed to submit it in writing and be prepared to go down the grievance route.

Often the employment contract is flexible enough to change the rota but where a woman such as @ER1992 has been given set days in writing I have not witnessed a change without the consent of an employee. Even where that working pattern is different to the business model.

Mostly though, an employer persuades the employee by making them feel guilty or insecure.

In the OP's case is it not the responsibility of the employer to recruit to replace the staff that have left, rather than forcing a change to existing working hours? (And probably a lot easier if the OP objects).

I know i will get shouted down for this but as an ex business owner i see both sides of the coin. OP you were happy enough to take all the benefits of maternity leave then ask for and accepted massively reduced hours on your return,the company have bent over backwards for you but you dont sound as though you are willing to give anything back, it cant be a one way street. Others view of "their problem not yours" is the very reason many companies (mine included) will do anything to avoid employing young women.

@LowlandLucky oh dear

How have the company bent over backwards exactly?

They have given her maternity leave, do you begrudge this?

They have re negotiated her hours and she has arranged child care and she will provide a service for her salary.

How is this a one way street and what exactly do you want her to give back?

@Lowlandlucky

Maternity is a legal right so no bending over backwards. Considering reasonable requests for reduced hours or flexible working is also a legal requirement and presumably company policy. The company has considered and agreed to the reduced hours and confirmed in writing.

Open and shut. This is not a favour to the employee. Management have made their decision and have to deal with it. They could of course withdraw the flexible working agreement but I think they would struggle to defend a constructive dismissal case against a new mother after agreeing in writing. I fully expect that HR would be advising this if they knew.

OP - do HR know what your boss has been saying? If they change your hours with your agreement mention the words "constructive dismissal" I expect this will stop this nonsense pretty quickly.

Sorry I should also say that the flexible working once agreed is a permanent change in your contract. Changing it requires agreement.

Source: I'm a manager who has dealt with a a number of flexible working requests.

The only exception to this is of you are still in a trial period of the flexible working. This should be clearly stated in writing. Of course they would still have to defend why it is reasonable to withdraw from the agreement.

If it’s been agreed and therefore your contract now reflects the new arrangement they can’t unilaterally just impose the change. That’s the good news.

The bad news is they can consult with you to change it. They’ll need to present a good solid business case, and you should be able to challenge that if you don’t think it stacks up.

Ultimately they could still decide they need to make the change however and therefore impose it. They should only do this if they have a very strong business case in theory but some employers might take the risk and do it anyway. Your route then would really be through an internal grievance or appeal, or unfortunately through an employment tribunal.