Change in terms?

[lovemydog]

When I joined my company I was told that I had to work between 10am and 4pm and so long as I did 37 hrs per week the remaining hours were up to me. Great. Some people start at 8 and go home early, others come in later and go home at 6. I now have a new manager who is insisting I start at 8.30. There is no business reason for this and at the moment I really can't start until 9 two days a week. (DS needs a run to college, buses not reliable). what can I do? DS finishes college in June so I can start at 8.30 then (in fact will probably be in at 8). New boss not sympathic at all. All my colleagues are male - either single or with non working wives. I really don't want to make a big thing of this - but what can I do? Big company, well respected.

How long have you been with the company and working those hours? Do you have it written down anywhere that that is how your agreed hours are to be worked (this doesn't necessarily matter hugely)?

Have you asked your new manager to put the request to change your working hours in writing? This usually puts off any over-zealous new managers who are flexing their muscles a bit more than they should be.

You may have an arguement to keep your exisiting arrangement using "customer and practice". But that rather depends on the above.

I've been with the company for 4 years. My contract says the working week is 37 hours, core hours 10 to 4, the remaining hours to be worked to suit the employee and the business. This was mentioned at interview too and I asked if 9 to 5.30 every day and 9 to 5 Friday would be OK and was told that would be fine, should I ever want to come in earlier/later that would be fine too. There really is no business reason for asking me to come in earlier.

I would contact your HR department and discuss your concerns with them. IF this change is demanded it is essentially a change to your T&C's, and you could have a case for constructive dismissal if they are simply imposed on you.

You say the manager has given no business reasons for wanting you in earlier - what reasons has he/she given?

I wouldn't involve HR just yet. You have a new manager you have to work with and so best to try to resolve with them first if you can.

As it's in your contract I would ask for a meeting, politely explain your contractual terms and state that you do not want to change them. I would also add something like "Of course I'm sure you didn't realise because I know you wouldn't deliberately breach my contractual terms and conditions".

If manager still insists the "can you put that in writing and I'll consider it?" works very well. Occasionally, in circumstances like this, it may be necessary to add "once I've taken the proper legal advice of course".

Then, if it gets to the stage where you have it in writing go to HR or if manager persist you should raise a grievance as per your company's procedures.

You should also keep notes of dates and conversations about this just in case your manager comes back later or does something like try to discipline you or mark down your appraisal because of it.

Thanks both. We merged with another company last year and essentially the employees from the 'other' company all work 8.30 to 5. I am the only one in the team from the original company. I think he just wants me to change to fit in with the others. Whe we merged I had a letter stating my title, salary and all other terms and conditions would remain the same. I won't have a problem with these arrangements once DS has finished college in the summer so I would hope he will allow me to carry on as I am until then. He prides himself on his strong leadership skills apparently! I will ask for a meeting - don't really want to go down the grievance/HR route just yet.

Sounds like a good idea. Most managers don't have a clue about TUPE and the idea staff might be on different contracts confuses even some HR professionals.

Good luck. If he has an ego I bet flattery will get you quite a long way!

I think a meeting as has been suggested and talking it through. The employer can change your terms if they have a business reason but the law asks that they act fairly and reasonably and I think asking you to adjust your hours without a reasonable notice period would be considered unreasonable.
You are also proposing when you could change hours so you are acting reasonably.

If you fail to get agreement then I think you would have to formalise the situation in writing which would be lodged as a grievance. However by the time the process ran June would have arrived so I suspect it would all be resolved anyhow!

Any dispute would ultimately be judged by a tribunal who would look at what was fair and reasonable. Can't see how the manager could justify enforcing the change when a timely proposal was available.

Well - we have had a meeting. Very strange. His reason for wanting me to start at 8.30 was that it wasn't fair on the others in my team to see me come in at 9 when they're in at 8.30. But when I start at 9 I work till 5.30, they leave at 5 so exactly the same hours are worked! I said that I would change my working hours so that I came in at 8.30 but did not want to do so until DS finished college and as he's in year 13 he should be finished by mid June. He reluctantly agreed this would be OK. I'm a little about this - when DS was younger it would have been a bigger issue but now it's not worth worrying about. When I spoke to my team members (who I get on well with) they all expressed surprise about it, nobody had any issues with my slightly different hours! I am putting it down to a bit of willy-waving . . .

Glad to see you have resolved things. I would pen him a short memo, just so you've got some evidence of your conversation in case he gets the urge to wave his willy around again - something along line of - Thank you for meeting with me on XX March. I can confirm that I will adjust my hours of work from XX to XX with effect from 1 July 2011. ...Then send a copy to HR for inclusion in your personnel file, and keep a copy yourself.