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?

Because if the business fails we will all be made redundant?

Do you honestly think that’s a reason to make people redundant 😂?

What kinda manager are you?

If the business fails, the workforce will need to be reduced? Hence redundancies would be likely. I am puzzled that you are saying that is not the case?

If the business fails, it’s not because people are on flexible work plans.

That’s a very shaky business if that was the case.

It is on very shaky ground. It is certainly not just because of flexi working of course. But it is a genuine issue causing significant operational problems.

But fundamentally you cannot make people redundant based on their working hours not suiting you, as your eluded to upthread.

@Superfoodie123

For many parents denying flexible working is forcing them out of a job, it certainly would be the case for me.

Not really, you could arrange wrap around childcare like lots of parents do already and who do so without a chip on their shoulder

Don't really understand why this business agreed to all these arrangements if it couldn't sustain them in the first place.

Bad management, obviously. Hence why the OP has gone in as a new manager and it's her responsibility to now sort it. That doesn't make her a jobsworth, it actually means she wants to do a credible job, by putting the needs of the business first so that people like you have jobs in the first place

I didnt elude to that...i think you will find someone else mentioned redundancy and I said it may have to come to that as a last option (as outlined above). I also said I would speak to employees first and also to ACAS for the options that are on the table.
Just to be really clear as outlined in first post I am very pro flexi time-but this is not sustainable!

@nicknacky it was me that mentioned redundancy so stop jumping on the OP. If the business no longer requires 10 people in the morning and, after consultation with the employees there are not volunteers to move hours then yes, the business has to takes steps to continue it's viability. It cannot just force people to change hours. Or dismiss people out of hand - but it can go through a voluntary redundancy process (fair and legal) to make sure that the business is viable.

And meeting the needs of the business hours wise is not being jobsworthy ffs. For example, the business is a care home or a nursery - the OP needs a certain number of people in across all hours. Otherwise people will get their breakfast but not their tea. If people are not fed their tea, or legal ratios are maintained then the business would fold. She needs to get this sorted or everyone will lose their jobs.

Wow, there are some snarky people on this thread!

Businesses don't exist to provide convenient jobs for people. The OP's primary responsibility as a manager is to ensure that the business is sustainable. At the moment, it isn't because the flexible working arrangements are not meeting the needs of the business.

If people aren't willing to change their hours voluntarily, and the current working patterns cannot be sustained, then clearly, the manager will need to take action. The most obvious way of doing this would be to go down the "dismiss and re-engage" route. That is, you terminate existing contracts and then re-engage on new terms and conditions. You would need to have a proper consultation process before making these changes, and of course, some employees might choose to walk away.

Obviously, before taking such action, you'd need to be pretty sure that the business needs were real, as there is no point in pissing off your workforce without a very good reason. I'm all in favour of flexible working where it's possible, because happy employees generally make good employees in my experience. However, there needs to be a balance and it needs to work operationally.

FWIW, I say all this as someone who has worked flexibly for years and who is currently facing redundancy, so I'm not only speaking from a manager's perspective. As the OP has said, if she doesn't make some tough decisions, the whole business might go under in any case.

The problem is no-one is prepared to "pick up the slack" and it leaves part of the day overstaffed and the rest understaffed

I think you need to take this to the team.
The business is failing. You are actually breaking the rules with some on flexi time and some not.

So, what are the rules, and what level of shift in arrangements is needed to not break the rules. What suggestions do they have to try and resolve this?

There might be one or two people who don't care what time they have as flexi, that would be happy to change, on the other hand you might have to make someone redundant as you only need, for example, 4 people on mornings whereas you have for example 6, so yes, that role would be redundant for 2 out of the 6 as the role needs to be afternoons. Then you would rehire with the hours needed to be covered in their contract.

What do you do if someone is off sick, how does this affect the staffing rules currently?

You need to look at all of this, and take it to the team. Yes they might not be happy but if the business is likely to fail or be shut down currently, people are usually willing to help resolve these situations if you are honest as to why you are doing it.

OP I had a new manager come in and try to stop me working remotely. I was actually mostly working in the office it was that it appeared when this manager first started I wasn't as I just had an operation. If I hadn't been allowed to work remotely then the project would have actually fell behind as I wasn't allowed to mix with people. Anyway someone in the team took her aside and explained how the team worked in terms of remote working and hours.

In your case you need to get a few of the staff together and ask how does the rota work with the 25% who have an agreement to work in the morning. You will probably find it isn't as rigid as it first appears e.g. X has an agreement to work in the mornings but they only need to work on Wednesday in the mornings to pick up their child from nursery by 2pm. Y only needs to work on Friday in the mornings, can't work weekends and prefers to work on Mondays after 10am as they do competitions in a sport around the country.

Theres an obvious solution

Some morning staff need moving to afternoon/ evening. If noone is prepared to change shifts then some will have to leave and new staff recruited. Id be making clear that if noone volunteers, jobs will be at risk

You will need proper legal advice on how to do this fairly and without legal problems.

You need to look at all of this, and take it to the team. Yes they might not be happy but if the business is likely to fail or be shut down currently, people are usually willing to help resolve these situations if you are honest as to why you are doing it.

Agreed.

Also agree with araiwa's recommendation that you get proper legal advice before taking any action.

My employer changed my contract and I was told if I didn’t agree, I could be made redundant. I had to agree as they closed my place of work. This was on advice from a partner in a law firm who is also an employment lawyer. If I can find his email to me, I’ll PM you a copy of his advice on this.

No-one has brought this up but do you have the support of your boss and the company owner (if different people)? If this is what they've tasked you to focus on, go right ahead. If not, make sure they agree as you can't make an omelette without cracking eggs, and it could up on their plate pretty sharp-ish.

Besides that, it's clear that you're going to have to take action but you might be well advised to watch the team first as @ColaFreezePop says. Some people may actually be working flexibly but changing to meet the needs of the business. That is, coming in on a Thursday if there's no-one else, swapping for another day where there is lots of cover. If that's not the case, then yes you're going to have to address the hours issue.
To the outraged posters.. If she does nothing, the firm will fold and everyone will lose their jobs and flexible arrangements. If she works this out, the firm may survive and some will continue with their flexible arrangements, while others need to leave or change arrangements. She would be s bad manager if she didn't tackle this issue and lost everyone their jobs.

Who is above you, OP? Ultimately they need to take some responsibility for the mess that the business is in currently.
And I agree that there are some very snarky people on here. The OP is trying her best in a really difficult situation. Someone said they are in shaky ground legally if they offer flexible working to one person but not another. Everyone has the right to ask for it, but if it doesn't work for the business, then legally it can be turned down. It makes complete sense that in a business that operates over 24hrs, not everyone can be allowed to work mornings only

You are actually breaking the rules with some on flexi time and some not.

Completely untrue.

Thank you for all the very helpful replies, much appreciated.

In answer to one question, I have been specifically tasked to sort this particular issue out so I have full support of my boss (owner). I am very much hoping that the employees will recognise why there needs to be a change, the fact the business is failing is not a secret. My plan is to try a give/take approach and meet hopefully somewhere in the middle. It is a very difficult and sensitive situation, but one I hope to work through as a team ideally. I will lay all the cards on the table so it is understood why this is not sustainable. I am also open to a job share type solution to mirror each other on shifts so everyone gets a little of what they want and support each other to also get some fixed shifts as well. Ultimately, I want happy, engaged employees but my legal responsibility is to the business. I also recognise that I need a Plan B if this doesn't work. I will take legal advice before acting, but this has been helpful to consider potential other options. Thank you!

I'm guessing it's a care home. When I had to overhaul the rota I asked the staff for solutions. I explained either people would lose hours or I'd have to dictate hours.

The staff all came forward with alternative shifts they could work EG A could do the late shift on Wednesdays. B could do the split shift on a Thursday. C could do a mix of shifts now as their children were at secondary.

You're over complicating it. You need to put it to the staff first.

Very astute @FatBottomGirls

I am a methodical planner so I do tend to fully (over!) analyse the situation to make sure I know what my options are. As I said, speaking to the staff to renegotiate is Plan A. Did you find all staff were happy to re negotiate? If not, how did you approach those who would not?

90% off the staff did offer suggestions on how they could help.

The few that didn't were the problem staff who didn't complete tasks on shift that everyone else would do. Wouldn't document issues correctly. Wouldn't listen to training or new guidance. In the end they were put on performance plans and were disciplined leading to termination of their contracts. One did take me to tribunal and lost.

The home is now a very happy place that is run very well. The staff that stayed have also said that the new regime works far better. I often go back and pop in for social visits.

That is lovely to hear a success story, I hope to report back positively soon. Thank you!

I don't think you're doing anything wrong, but I would be prepared for the fallout from your staff.

I used to work in an office where flexi had been in existence for years. New finance director came in and made some observations. Many staff came in at 8 and finished at 4, but between 8 and 9 they were sat eating their breakfast and would not take calls. Some came in at 7 and finished at 3 because "they had worked their hours". Hardly anyone was in the office to answer the telephone after 4pm and on Friday it was like a ghost town. So...changes were made.

Many staff members kicked up a fuss, mainly due to it being an unexpected change. But, our flexi policy was clear that it had to work for the service and could be changed - so I'd start by either looking at or creating a policy. We all had to resign the policy, if we didn't we would be placed on 9-5 contracts. If you ate at your desk, you couldn't add this time to your flexi sheet as you wasn't working. Working after 4pm had to go on a rota, with one staff member from each team being made to remain while 5pm everyday.

No-one left. No one was made redundant. No one didn't sign the document.

@Lex234 good luck!

There was one member of staff who couldn't change his shift hours as he had a primary school aged child with ASC. But he did offer to swap 2 mornings EOW for a WN @ the weekend. So even he who had cause for the flexi working even helped out! Honestly you're best getting it from the staff themselves.

Also when the staff who wouldn't help out (just because it was the shift they'd had for years etc no flexi agreement, no reasonable adjustments etc) I took them down to their contracted hours and offered them to other staff and then if they didn't want them got them covered by agency. But like I say they all were underperforming in their roles. They weren't singled out due to hours.