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Can an employer force a change to flexible working?

4 replies

Whoscoatsthatjacket · 09/02/2021 10:32

My employer has told me I have to change my flexible working contract.
I was under the understanding that once this had been agreed it couldn’t be changed without the employees consent?

Apparently they are now looking into what they need to do to change my hours.

Can they do this?

OP posts:
prh47bridge · 09/02/2021 10:46

They cannot change your hours unilaterally unless there is a flexibility clause in the contract that allows them to do so. If they go ahead with a unilateral change you may have a claim for breach of contract and possibly constructive dismissal.

Whoscoatsthatjacket · 09/02/2021 10:52

Thankyou. That’s what I thought. As far as I’m aware there is no flexibility clause, although I don’t think I’ve ever formally signed anything.
I’ve worked these hours for a few years now snd there’s no reason why they can’t continue to accommodate. They’re not a small business and certainly not a company who a struggling in these times, quite the opposite in fact.
They just want me to work a day I don’t usually work because “everyone has to do it now”.

They mentioned something about a consultation snd im not sure what that means.

OP posts:
Twizbe · 09/02/2021 11:01

A consultation means they present you with their reasons for the change and give you a chance to ask questions and put forward ideas.

The important part is why they want this change.

You say they want you to change one of your days. They can request it based on business need which they should explain to you.

Why don't you want to change your days?

Margaritatime · 09/02/2021 12:39

In the same way an employee can make a request for flexible working an employer can request a change to working hours. In both situations they must follow a process.

If your employer has decided for business reasons that they can evidence everyone must work Wednesdays but other than that they allow part time, non working days etc. It can be reasonable to consult employees on how to vary working hours to achieve this.

Listen to what the employer is proposing and their reasons and then consider if you can be flexible and/or suggest alternatives.

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