Advice on flexi working time

[Lex234]

Hi, I am hoping to get some advice on managing a number of flexi time arrangements. I am new in post as manager. It has become apparent that a number of employees have already agreed flexi arrangements (small business, no HR department). I am absolutely supportive of flexi arrangements where needed and where it is possible. The problem is that all of these flexi arrangements (and there are a variety of reasons for them) require morning shifts, when the demands of the business are static across a 24 hour period. They are in place for around 25% of the workforce! I have read that once agreed that flexi time forms part of the contract once agreed and cannot be unilaterally changed. However, the current level is not sustainable. I intend to do individual reviews and hopefully agree changes where possible, but if agreement is not forthcoming, I still need a solution! It would not be financially viable to employ more staff to cover the hours due to the agreed shift patterns. There are some arrangements that are likely to need to continue (and I will advocate for those employees), but others have been agreed because they are preferred hours rather than for a particular reason. Could someone in the know give me some pointers please?

Review current flexi time and ensure it’s still required, if not switch them back...

Ensure all new hires are put on non flexi contracts.

If it’s truly dire and depending on business need and financing you could perhaps offer time and a half to anyone not on shift for them to come in early and work extra hours

Does your company have a Flexible Working Policy, because it should have. The answers should be contained with in it. Yes contracts can be changed after if the needs of the business change.

Everyone has the right to ask for flexi working arrangements, however it is not a given right that it will be granted. The needs of the business come first BUT the onus is on you to illustrate that the needs of the business are not being met; here are some examples to reject an application:

• Rejecting an application
• The employer must tell the employee that they’ve rejected the application.
• Reasons for rejecting
• Employers can reject an application for any of the following reasons:

extra costs that will damage the business the work cannot be reorganised among other staff people cannot be recruited to do the work flexible working will affect quality and performance the business will not be able to meet customer demand there’s a lack of work to do during the proposed working times the business is planning changes to the workforce

www.gov.uk/flexible-working

Thank you to both of you for replying. The situation is fairly dire; of course I would like everyone to work the hours they want but rota wise it just does not work due to the sheer amount of arrangements.There is a policy but it isnt particularly comprehensive (it is clear on how to grant, not retract flexi conditions). If I call a review and I do not think the request is either still justifiable or if the business can simply not sustain it, can it be withdrawn? (I do not want to be unfair!). I can definitely illustrate that the needs of the business are not being met.

I am guessing as you asking here you do not have an HR dept? If you do - speak to them.

If you have a legal bod in your firm, speak to them.

If no-one of any use to you (or if someone there but it is such a small part of their role their advice may be a bit dodgy) handle this with care as unilaterally changing someone's hours (whether they are flexible or not) cannot be made - or any other part of the contract without consultation/agreement. If you do, the employee will have a potential claim for breach of contract and, possibly, unfair constructive dismissal.

You can work towards is - ideally with agreement of your employees. If you cannot get the hours worked to suit the business then you need to go through some more formal consultation process - a bit like redundancy if you like. So, in essence "I only have 6 shifts of 9am-2pm but 12 people working it...so unless I get 6 volunteers to change hours I will have to make 6 shifts redundant and recruit 6 afternoon shifts."

I would suggest you contact ACAS - they do not just help employees- they want employers to follow the law and best practice too.
www.acas.org.uk/helpline

Thanks BWOB-I did not even think of ACAS! Yes no HR department or I would be leaving well alone! I am worried about unfair dismissal claims, all employees also have over 2 years service. I also do not want to lose the employees, but if redundancy is the only remaining option, the situation is that bad we would have to go down that route. I will speak to ACAS, great advice thank you!

Depending what they say you may feel you need to bring in/pay for some expert HR advice. @flowery on here is (or used to be) an expert in this area.

And (sorry, will shut up soon) may also be worth asking for this to be put in either Legal or Employment area of MN - if you ask MNHQ they would probably move it for you.

Oh great another jobsworth manager. Just hope you don't target parents

Interested to see how this goes...if the flexible working request was agreed it's usually a permanent change to the employees contract and you can't change it back without consultation and changing contracts. You need some proper legal advice on this and also you don't want to upset an established team if you're a new manager!

Why would redundancy be an option?

You can't often make people redundant in this situation as the post itself is not redundant...you'd need to fill the vacancy immediately and that's not redundancy is it? It's forcing someone out because of they have a flexible working agreement.

If these agreements have been in place for a while what has changed that makes it such an issue/problem now?

Oh great another jobsworth manager. Just hope you don't target parents

Is there a reason why parents in particular should be exempt?

Because they have to work around childcare? Pick up kids from school or nursery? Who else would do it?

I thought it would be obvious, are you not a parent.

Oh great another jobsworth manager. Just hope you don't target parents
When the business goes under and everyone loses their job on account of the fact that it can only operate in the hours that people want to work rather than the hours the business needs, then I hope you will be footing the bills for the people who have no income. A managers job is first and foremost to deliver the business requirements and keep the business profitable. "Nice" doesn't pay the bills or make profits.

@Superfoodie123

Parents shouldn't have more or less right to flexi than anyone else?

I am a parent and on flexi by the way. But I think my non parent colleagues have the same right.

Do you think parents should be treated differently?

People who are not parents may well have valid reasons to want flexible working. They shouldn’t be treated less equally than people who have chosen to have children.

How has the business operated prior? If it ain't broken don't fix it, if the other staff are happy to do afternoons and nights then maybe leave well alone for now.

Not saying they don't have the right to work flexibly, of course they do I also worked flexibly before a child. But before being a parent I had a choice to work flexibly, now I don't, simple as that. For many parents denying flexible working is forcing them out of a job, it certainly would be the case for me. Don't really understand why this business agreed to all these arrangements if it couldn't sustain them in the first place.

Can the employees see that flexi isn’t working? Could people compromise on their shifts - for example if there is 3 people finishing at 2 every Friday - could it instead be changed to one person (alternative weeks) and the other two take their time on a pre agreed day that week? Flexi working boosts staff morale hopefully it can be sorted out. Also if some people have it agreed and others not it would likely effect team relations. I worked in a team before where a parent got approved and a girl who could not have children could not get it approved. The girl with children had her children in full time child care and the early finish was being used for “me time” the other lady wanted to use hers to help her elderly parents and spend time with them to reduce her stress during the week of calling there in the evenings. I would tread carefully.

I quite agree super as regards to why these were agreed-I cannot answer that-however the situation is the business is failing (which is why there is a change in manager) and cannot sustain this. The problem is no-one is prepared to "pick up the slack" and it leaves part of the day overstaffed and the rest understaffed. It is not the kind of environment where work can wait until the next day. I have already said that I will advocate for those with genuine reasons. I will speak to ACAS as advised and take it from there. Thank you!

Can any of the work be done at home? On the internet? Parents with older children might be willing to do split shifts. Also any attrition from morning staff is recruited by advertising for afternoon/evening workers.

Sadly not TheBrockmans, all work is done on the premises. Its not quite as simple as that in terms of recruitment. For one thing there are too many people on the morning shift. There are too few on the afternnoon and evening shift. It is a legal requirement to have a certain level of staffing. Then these morning shifts are not uniform for example 8/2 8/3 8/330 9/4 9/1 etc I would need to find "pairs" for each individual person, this will not be possible financially or practically for one and secondly would create an ongoing loop of problems as if people left, the hours would have to be replicated to mirror the recruited pair. I am pinning most of my hopes on compromising with each individual person.

I will ask again, why do you think redundancy is an option?

Oh sorry Nicknacky-I said I would speak to ACAS as regards options.

But why would it even cross your mind it’s an option? Because they aren’t working the hours you want?

That’s not an redundancy situation and you don’t need ACAS to tell you that.