Work wants to cancel flexible working arrangement

[Goldpanther]

I'd really appreciate some advice

My DH applied for and was granted a 3 day week instead of 5 earlier in the year (he earns less than the cost of nursery, so makes sense for me to return full time and him to reduce his hours. We also agreed it's important for him to still work, so reducing hours was a good plan). He has been working 3 days a week for the last 6 months, it was requested and completed correctly as per HR policy and he has a new updated contract.

The issue-
His employer has now said he shouldn't have been granted flexible hours and he needs to return to 5 days. He pushed back and said it's a contract change, they shouldn't have agreed in the first place, not his problem.

They are now saying he has 3 options:

1. Return to work full time
2. Move to a different site (further away) who can accommodate a 3 day week
3. Resign

Whilst we can afford nursery fulltime if he goes back to work, we are both annoyed that it was agreed and now they want to unilaterally change it back.

Can they offer him these choices? If push comes to shove he would rather go back instead of be forced to leave, I just want some guidance on whether they can do this.

Union or ACAS

https://www.gov.uk/flexible-working

There may well be issues over either constructive dismissal or 'lost of trust and confidence'

If he's reduced his hours by way of a new contract that's not flexible working that's going part time. There can change his contract but there are processes that need to be followed, which this doesn't sound like. Flexible working is 5 in 4 , or working 8-4 instead of the usual 9-5 or an agreement where you can work from home every Thursday etc. They are often reviewable.

No, reducing hours is one of the things you can ask for as part of a flexible working request, have a read of the link in the post before yours. Both my husband and I went part time this way.

Did you submit a properly worded written request for flexible working?
If yes and they agreed and gave you a contract for new hours then legally they can't change that. There may be something in his contract that enables them to move him to another site - so check that out.
Otherwise legally they can't do it ... but they still do. Id be looking for a different job.

They have agreed a contract putting him on a 3-day week. Whether they should have is irrelevant. How this situation arose is also irrelevant. That is the contract which has been in place for the last 6 months and both sides are bound by it.

There may be a clause in his contract allowing them to change his place of work. If there is, they could force option 2. However, if there is no such clause they cannot force him to change. They could, of course, sack him or make him redundant, but either of those is likely to be unfair dismissal.

Thank you, I think I will encourage him to join his works union asap.

He works for the civil service, so I'm not sure how easily they can fire him, he always scores well on his performance reports, and recently got a commendation for his good performance at work.

I will check his contract for a mobility clause as well.

Yes, it was all properly requested via the correct formal process.

The frustrating thing is he enjoys his job, it pays well, and they were being accommodating!

This really annoys me.
Union membership is like car or house insurance. You pay the premiums, hoping you won't need to make a claim, but you have the benefit of help if it is needed.
I am a union delegate. My union would allow him to join but on the basis that he cannot be assisted with an issue that has already arisen - like an existing health condition when you want to take our travel insurance in case you fall ill while overseas.
Clearly he doesn't value unionism to pay into it as many of his colleagues do; he just wants to jump onboard when he needs help.
My employer is restructuring. Staff were notified that this would be happening a year ago. Our union branch did a recruitment drive, indicating that there was a strong likelihood of disestablishments and redundancies. Union membership took a spike which was to be expected; all good with that. The change proposal, with significant impacts for about 30 staff, went out several months ago. Consultation happened, then the actual changes (pretty much the same as were proposed in the first place) were announced. Then about eight non union members whose job were affected suddenly wanted union support - ah, nope.
I know some will say they cannot afford union contributions. Fair enough. Can they employ an employment lawyer to go into bat for them? I doubt it.

We do have legal expenses cover on our home insurance that covers employment disputes. I just don't want it to get that far.

His employment contract does not have a mobility clause so I assume that means they can't move him to a different location.

If it's the civil service he won't get sacked. He needs to stick to his guns if he's been there more thsn 2 years.

There is a mobility clause at and above EO I think.

He needs to join his union for any future issues he has. They may give him some advice on this issue but won’t represent him on an issue that arose prior to him joining. Otherwise everyone would only join when in trouble.

Legal advice is a good idea at this stage since you’ve got access.