Bullying because of Flexible Working Agreement - please advise.

[Lougle]

DH worked for Company A. During his time there, he applied for a Flexible Working Agreement, reducing his contract to a 0.8 contract, 4 days per week, with a specific day off, and was granted. We have 3 children under 5, one of them receives DLA, and it was for this reason the request was granted.

Company B bought Company A, Company B is a substantially larger company than A, and have very different working practices. Overtime (and lots of it) is the norm, and generally speaking, they expect their employees to do whatever they request. Contracts don't seem to matter much to them.

DH is being put under huge pressure to rescind his FWA. Lots of questions about when he will be able to go back to a 5 day week (he went through the official procedure at Company A, and has a permanent contractual change). Lots of comments about how awkward his 4 day week makes things, etc.

But today, he felt threatened. He had asked for leave this week (we had been offered a free holiday by a charity, who were willing to make the premesis safe and give 1:1 support for DD1, so that we could go, but it was specifically this week). His request was denied because one other driver was off this week. Fair enough, that's life.

Then, his manager asked him to work all of this week because that other person was off. DH agreed, but his contract specifies that if he works a full week for operational reasons, he is compensated by an additional day off in leiu the following week. His manager knew that DH was on leave on 2 days next week, so gave him the day before his usual day off, to total 4 days off. Additionally, DH was asked to start work an hour early on 2 consecutive Mondays, to fill in for another colleague. Again, DH agreed. He asked to shift his hours completely on the first Monday, so working an hour earlier and leaving an hour earlier. But the second Monday, the manager gave him too much work, so he was forced to do an hour overtime.

So, today, his manager's mangager asked him if he would mind changing his day off (that he had been allocated in leiu of the day he worked this week) for one the following week. DH said that he couldn't, as it was DD2's birthday that week, and we had already made plans. The manager then repeated his request, and DH said again, that we had already planned for that day, and unfortunately he was unable to change it. The manager asked a further 2 times, in different ways, and DH reiterated that plans had been made. The manager then said "I believe I have asked you reasonably and with good notice" (Today is Friday, the day to swap is Tuesday). DH again apologised for not being able to accomodate his wishes. The manager then said "Well in that case I will have to see what I can do this end. This flexible working seems to be all one way at the moment."

DH is feeling very bullied. From his perspective, he has been asked to work an additional day on the week that he was denied our one chance of a family holiday, and asked to work early on 2 days (7 am start) in the last two weeks. He has agreed to all of this. Yet, he is being told that he is not being flexible enough. The company knows that he has a disabled daughter, yet they imply that he is getting a 'day off' in excess of other employees. They don't seem to recognise that he is also being paid 0.8 of the wage.

Tonight, he has had a text message asking him to start early on Monday, because they have an issue with the vans. Does he have to agree? Isn't it a bit off to get a very short text message asking him to work early? It makes life very hard beacause DD1 is very active, and it means that I lose an hour's support and sleep. We get little enough as it is. We get no respite.

To be honest, I am starting to think that DH would have a case for Sex Descrimination. Thousands of women up and down the country work part time. Why is he being treated badly for working a 4 day week?

It seems the employer believes 'flexible' means your DH does what he is told when they tell him. Firms like flexibility as long as employees dont say no to any request they make. For many firms flexiility does work one way - their way!

I asked to go and work part time from my last employer to look after our DSs. The change in attitude to me was stark and overnight I started getting all sorts of snide 'jokey' comments. Firms just regard family life as an inconvenience.

I do not think DH could bring a case for discrimination at the moment but he needs to ask for a formal meeting and write down everything that is said and reiterate his stance that he needs the flexibility for family reasons and ask for his employer to confirm they intend to honour his contract.

Your DH needs to get a short formal letter to the firm after the meeting recording what was discussed and the situation as you have written it in this thread so there can be no arguement about who did what to whom. He needs to say why he needs the flexibility and why he cannot change his schedue at short notice and to reconfirm he cannot and will not be able to work a 5 day week for family reasons. He also needs no say he feels pressured and bullied and to ask for it to stop.

Getting this info down in a formal way now will help if they try to sack him or push him out or select him for redundancy.

Finally, he needs to say no to the text request. He does not have to agree unless it is in his contract.

Is your DH in a union? If he is, talk to them ASAP. They will be able to support him. If he isn't, perhaps an employment solicitor may be the place to go - they often do first meeting for free and it would give him the opportunity to to clarify his rights.

Thank you, BeenBeta, I think you are right. This firm is known for pushing its employees to work way beyond normal hours. It is a blue-collar sector, and I think they are used to people putting up and shutting up.

cktwo, thanks, yes, he is a member of a union. We joined him up when the firm transferred. We had issues with the proposed contracts, because they wanted to 'harmonise' the contracts. We wrote a letter to them, on their request, outlining the issues and our views regarding the TUPE regulations, which was passed on to their solicitors. The solicitors wrote saying they were looking into it but would need a little time, and 8 months on we never did get a reply. I suspect that is because the answer is 'You're right, everything they wanted to do breaches the TUPE regluations'.

Sadly, DH is now the only Company A employee left.

Lougle - TBH I dont think any good will come of this situation. Your DH should look for another job. Not easy but he sounds well experienced.

My BIL works as a freelance Class 1 HGV (truck) driver and he says there are quite a few retailers he will not drive for because they do not treat employees and contractors fairly. All the things you say and more are commonplace and have got much worse since the recession began.

My FIL also delivers cars and he says some employees are driving 16 hours non stop (they are not on tacograph).

If your DH is a driver and wants flexibility I suggest he tries Sainsbury as a home delivery driver. The drivers all seem really happy and positive that deliver to us. I know several of them work part time that deliver round our way.

Thank you, BeenBeta, that is very good advice. He does just want out, now. Ideally, he would like to work in joinery, but given his age (30's) and the current climate with jobs, it is looking like an uphill challenge.

I have to agree with BeenBeta, that your DH should look very seriously for another job.

Though in theory he has the law on his side, this firm are clearly not bothered about flouting it and in practice there is very little you can do in this situation. Staying until they find an excuse to dismiss him then pursuing a tribunal case is not to be recommended as tribunals are often firmly on the side of the employer and usually only rule against them if the case is very clear and simple. This firm sound as if they are very well practiced in getting their own way and you do not need the stress of taking them on, especially as you have so much of your energy taken up by looking after your DD.

The best thing to do would be to look for work with a more family friendly company, your DH will honestly be so much happier and more relaxed