Can my manager do this?

[bardos]

I'll try and keep to the main points so it's easier to read and before anyone says, I have requested a meeting with HR and my union for advice, just wanting advice in the meantime.

In January I handed my 3 month notice in as changes to childcare means I will no longer be able to work 9-5, atleast for the next 2 years. Manager told me verbally that they do not want me to leave so will be happy to change my hours when the time comes so I rescinded my notice on that basis.

End of March I informed them of the date I need my hours to change and they informed me that they are not sure I can change my hours now so will chat when back from my annual leave. The next day she phones and says that it will not be possible so I will need to put in another 3 month notice.

I handed my notice in (have been very upset and stressed) but really did not want to as I will not find another job at my level at the hours I need.

Since then I have spoken to colleagues and family and they have said that my manager cannot do this, it could be constructive dismissal. As I said above, I've requested a meeting with HR and my union, but I just feel so angry at the situation I am in. I was happy to leave in Jan as I had work lined up for when I finished, but I was falsely told I could change my hours and now I am back to square one and have to work another three months with no work lined up.

Sorry it's long and I hope it makes sense. Can anyone advise on what I should/could do?

How long have you been there?
What do you have in writing?
Have you spoken to ACAS?

Why didn't you put a request in writing for a change of hours to your employer & HR the first time ?

Why haven't you put in a formal flexible working request?

I'm not sure the union will be able to help you much if you didn't follow the flexible working policy and put a proper request in.

As long as there's a paper trail documenting they agreed to a change in hours and your application to do so, you have a good chance - if not, unfortunately I don't think there's anything you can do.

If you have no paper trail, I'd bluff at your HR meeting.

Outline exactly what's happened an say you've 'taken advice' but ideally you'd like to simply stay in your role, with the pre-agreed change in hours, rather than taking it 'further'.

They may reconsider.

When they told me I didn't have the exact dates of when I needed my hours to change so that was the plan for March when I informed her, but she did not give me the chance to request flexible working.

In hindsight there is lots I would of done differently in terms of getting things in writing, but it all feels so underhanded and left me in a rubbish position

People seem to get confused over this a lot.

You absolutely have the right to request flexible working.

No one has the right to be unilaterally granted flexible working. There are 8 reasons a formal flexible working request can be declined and if a business can demonstrate that one or more reasons apply they can absolutely do so.

If that is the case, and you feel you can no longer meet the terms and conditions of your role it is not constructive dismissal, you are the one who can’t meet the terms of your contract.

You don't need to be given the chance to request flexible working, you just request it.

You initiate the process.

Speak to your union to see if anything can be done.

The short answer is that yes, they can.

As previous poster has stated flexible working is not a right, it’s just something you can request and your employer can decline. It’s not constructive dismissal if you can no longer work full time.

@BraveFacesEveryone 's post is excellent.

It sounds as though everything @bardos was done informally, and not in writing? Apart from you handing in your notice and then rescinding it?

Agreed it's not a case of constructive dismissal. Essentially you requested Flexi working (allbeit by saying you'd have to leave because you didn't have it) in January, and now been told it's not possible.

Check everything you have contractually, and with your union, but in answer to the question, within the context of your workplace's requirements, yes, Flexi working requests can be turned down.

What is your length of service?

what is in writing - presumably both the resignations? Anything else? Any phone logs showing calls? Text/WhatsApp’s? How long ago did you resign the second time?

it is a complicated one. The promise of an hours change which was then withdrawn and the pressure to resign could be constructive dismissal. You’d need to walk out now and not work your notice. You could withdraw your latest resignation and simply start working the new hours and see what they do. You could go off sick. Ultimately I think you’re wanting them to agree to the new hours enthusiastically or settle you out.

If you didn't put in a formal flexible work request you have very little chance

Your manager didn't stop you putting this in, you chose not to based on a conversation with them

I wouldn't be trying to make a claim, you need to find a new job ASAP if your current job doesn't work for you and your flexible work request has been refused

Length of service is two years.

What I would ultimately like is to do the new hours long term (just to add that it is the same amount of hours I do currently, just spread over more days). I have also offered to work additional hours when needed to cover annual leave etc, but stupidly this was all during a phone call so not written evidence.

Otherwise, I would like to leave on my original leaving date as I only rescinded my original notice on the basis my hours would change - I have this in writing.

FYI I'm not planning to make a claim or anything. I just want the hours agreed upheld, or my original notice period honoured. I only added about constructive dismissal as friends and family mentioned it which is why I'm questioning whether I should be fighting this more

Unless you received a new contract with your amended hours outlined in it, you're on dodgy ground.

But you could appeal to Hr, which you're doing.

I don't know if any verbal agreements are legally binding (probably not)
You could put a formal complaint in regarding your boss
It's good you're in a union as they can help you
Also talk to acas
Get a copy of the complaints process and follow this to the letter
And be a general pain in the arse so they agree to let you leave early

Tbh no company in their right mind would go to the extent of taking you to court for breach of contract if you just left. But if you are career driven and worried about references it might not be the best course of action, to just leave without working your notice.

Do you have in writing that your hours would change?

An amended contract?

If you've no work lined up then you need to use these 3 months to look for a new job.

And make sure you get everything in writing in the future.

Well since you’ve put in writing that you rescinded your notice on the basis of the agreed hours change, you can absolutely leave on what would have been your original last day. I would definitely speak to HR and express your disappointment- the fact that you’re in a difficult financial position because you haven’t been using that time to look for another job, but you can’t now work for them any longer because your don’t have childcare. If I were your HR I would be either offering you the hours you want, or be paying your notice. And I would be tearing a strip off your manager.

Well, I agree that your manager has behaved badly, but it was a rookie mistake on your part not to document everything properly. You shouldn't have rescinded your notice until the new working pattern had been confirmed in writing.

What's done is done now, though. If you have in writing that you were rescinding your notice because of an agreed change in hours, I would talk to HR about whether you can negotiate on your notice period on the grounds that promises were made to you which are no longer being honoured.

Next time, get it all recorded though.