Flexible working

[custardcream101]

This is a long one, but I'd really appreciate some advice!

I returned to work 14 months ago and asked for flexible working. In the first instance I asked to go back to my role four days a week. This was accepted and I assumed they would get someone in for the fifth day as a job share as it is a five day a week job but they didn't. It was trialled for three months, but I didn't get a reply until I had been back after four months where I was uncermoniously told it wasn't working [with no warning or complaints before] and it was five days or no job.

With help from my union I appealed for a three day two day job share and won. This took several months and I was then started on another three month trial. This ended rougly two months ago. Before my trial ended, [but a few weeks from the end] my boss was sacked. Once the trial had ended I contacted HR to ask if this was now a permanent variation to my hours [again there had been no complaints] and they said they would look into it. My line manager told me she thought the trail was working. I was then told, off the record, by the stand in boss that they now wanted to wait until a new boss was appointed before deciding on my trial. They still haven't appointed someone and whoever they do would surely have to work with me for three months to know how it works.

Can they do this? I would have thought after completing two trials and being back at my job for over a year [at which I have been doing a good job may I add!] Can they continue to leave me in limbo? It wouldn't surprise me as it has hardly been a smooth ride [although thankfully evil boss is no more], but just wanted to know if legally this was allowed? Thanks.

It is my understanding that if your boss agrees to a variation in hours is a permanent change to your working hours, to your contract itself and cannot be changed again unless it is via a formal flexible working agreement proposal which cannot be requested again for 12 months (or rather, can be, but can be refused to be considered by employer)

So, if they agreed the hours, then in fact, they cannot just tell you it is not working, as your contract is now your new working hours and pay. The whole point of flexible working arrangements being so formal is to stop either an employer or an employee just changing their minds, as it happening now with you.

That's the thing, it's not been agreed as a permanent change either time - they agreed to trial it for three months. At the end of three months I should get a final decision, but it's now been five months since the second trial started and could take a few more before they decide. Does that make sense?

I am pretty certain they cannot do that! that is not how flexible working works! There is a proper channel, process to follow in order to look at viability and make a decision either way. How on earth can you challenge/appeal a decision if you don't know what that decision is. The whole point of there being a formal process is to avoid this type of thing.

For example in my place of work (i am sure its generic though and not just my own employers policy) I have to put in writing my request, outlining my previous pattern, proposed pattern and any positive outcomes on my new hours, and suggestions for managing negative impacts. My boss has to give me a written acknowledgment of receipt of request, and i have to have a meeting to discuss within 14 days of request, to iron out details, and if not possible, come up with some alternatives if there are any. I have to have a decision either way within 28 days (i think of the meeting, can't remember as it was all a formality for me), and if it is a rejection, there is a proper form, which outlines the reasons for the rejection and appeal details. I can then appeal it within a certain time frame, or propose an amendment to it for consideration, this has to be heard within a set time (another 28 days i think?).

Something like that. There is no room for 'lets fart about a bit not really making any decisions either way and keeping the employee hanging in the balance' thats not fair and defeats the whole point of flexible working.

Thank you, really appreciate all the advice. I thought I was going mad!

They did do it all properly with the first trial [although obviously they did overrun by a month before deciding] and then appeal was obviously along guidelines, but now they just seem to think it's fine to leave me dangling and I was sure that wasn't right, but couldn't find anywhere what officially they could and couldn't get away with.

If its working and has worked for a while I'd keep quiet on the situation.

You could then go for a customs and practice argument if they ever want you to change it.

Thanks seeyoukay

What's a customs and practice argument?

I did initially keep quiet, but was then advised that as well as my employers doing, I have to show willing to resolve the situation. Apparently I can't call them slack on the subject unless I haven't been too. Most annoying!