Look for a new job? flexi working request

[Schoolpickup]

Office based role, currently working in office during covid.

I agreed a flexible working request with employer last year so right now i'm 9-5/8-4 depending on day.

There's been some flexibility and homeworking over covid but with child starting school in Sept and being back in office now I wanted to be able to pick up 1-2 days a week.

Requested to employer to work 7-3 or 8-3 (with extra hour another day) - basically I'm open to arrangement/agreement that means I can do 3 o clock pick up at least 1 day a week if it means compensating hours on another day.

My contracted week is 35 hrs a week but where i work there is a a line in contract that says I have to be in the office 35 hours a week + any 5 hours as and when business needs me to (e.g. there's a project to get over the line and they don't want to pay overtime). So essentially it's a 40 hr week contract (listed as 35 + 5 in contract) but we work 35 hour weeks unless business needs us to do the extra 5 hours. Everyone works to 35 hour weeks, unless they're trying to complete project.

When I put in flexible working request last yr they agreed it based on 35 hours. They never tell anyone to be/agree to be in the office more than 35 hours. Most people do usual 35 hours and don't do extra hours unless busy, so it's basically unmonitored.

They rejected the initial request because they said i need to agree a 40 hour working week with them this time not the 35 hours I had to agree on my last flexible working request. I'm looking at my hours and it means really long days 4 days a week (I've been told I have to take a break).

I completely understood request could be denied for business reasons and I know picking child up not a right but I've not had to do more than 35 hours a week so far (2.5 yrs in role) and i'm panicking at trying to get the extra 5 hrs pw in. Won't get additional compensation for hours and the people I sit next to will still be doing 35 hr weeks while I'm doing 40.

Is there a way I can argue this tactfully or do i just have to resign myself to the fact they're completely within their right to do this :(

If you are being paid for the +5 and don't want to loseythe money then they are within their rights to decline. If you're willing to take the cut then you have to work 40hrs is not a legitimate business reason for refusal. It dropped my contract to 36hrs through a FEE.

Sorry FWR

So would have to take pay cut to work same hours.

Find this v confusing. They have it as a sort of back up for overtime and don't make anyone else work it. But it's in black and white so that might be where they can pull on this

Do they just mean you have to agree to be available for the extra 5 hours still if necessary? They may not actually intend that you work them normally; they just might want them programmed in to the timetable.

Otherwise it is indirect discrimination, because they are enforcing it selectively, and it only going to be people applying for flexible working (who are more likely to be e.g. women with caring responsibilities, or disabled people) who are affected.

@rosiejaune They basically said the day I wanted to pick child up I needed to finish at 5.30 not 3 to make my working week 40 hrs not 37 (previous request had been made using timetable of 37 hrs). So it leaves me open to move my hrs on other days to add 3 hours more in, was thinking adding half an hr in one 3 other days and 1 on another. Would mean am working more hours pw in office for privilege of picking child up. Its a busy job so most of us pick up stuff in the evening sometimes so I would be agreeing to be in office longer than my colleagues have to, so they will leave at 5 and me at 6.30 on other days instead leaving 5 which I do now.

You said everyone does 35 hours not the 40 yet you then say people pick stuff up in the evening?

I think you have 2 options, stay as you are or take the new contract. I don't think you have a case to argue, It's your choice to switch hours and they haven't said no as many companies do.

@FredaFox people do sometimes if a bit behind or need more time, not an official extra 5 hrs per week.

Yeah maybe I don't but will be working more than a lot of my colleagues

Sadly there's no rule to say you have to be in the same contract
Maybe they plan to bring future hires in on the 40 hours? Or they do a similar contract for somebody in another team?I
Good luck

YABU. The contracts other employees are on and the hours they work are not relevant.

The company don’t have to agree to flexi working, though it seems they are trying to accommodate you you just don’t like how they’re doing it, and you’re right that school pickup isn’t their concern.

Who refused flexible working? Can you have a meeting and explain your side (all do 35 +5 optional). Offer how you could do the +5 if needed by the business? Ask why this request has been refused but your previous one for the same number of hours wasn't

I would forget about doing the pick up from school one day a week. It sounds as if you're getting full-time (40 hours) pay for 35 hours at the moment and can start at 8am or 9am. I'd hang on to your old routine and money. If you happen to see a job that you like then go for it.

What hours are you paid for? 35 or 40 per week?

Did you put your request in writing?

Did they respond in writing?

If I was you, I would request to work 35 hours per week, with 5 of those hours a week from home.

There are 8 legal reasons to decline a request. They need to put the reason into one of those categories. They also need to provide the evidence under the heading.

As an alternative you could ask to reduce to 30 hours a week.

I work in HR and I find managers will try and decline requests which do not comply with the law.

Feel free to PM me.