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Role has changed and not so flexible anymore - what are my rights

5 replies

dinky1975 · 16/04/2011 21:01

I returned to work from mat leave last may. At the time i requested flexible working and they agreed to 4 day working wk. Since then my role has changed and whilst I haven't been promoted I have taken on a bigger challenge (leading a restructure and setting up a new division in my company). This isn't a 4 day week job, the plans I laid out in flexible working arrangements (ie 2people to cover me on the day I wasn't there) are no longer applicable (people left and and I have zero new support in my new role). I find myself regularly working on my day off (sometimes paid, sometimes not) and often working til 10/ 11pm on a weekday.
Do I have grounds to request sufficient support to maintain my flexible working or do I have grounds for redundancy as they moved me out of the job where I could flexibly work.
I know I prob need to spk to a solicitor but any advice anyone can give me would be very helpful.
Dinky

OP posts:
Grevling · 16/04/2011 22:14

Have you raised the issue of workload with your employer? This really is the first thing you need to do.

If your working to 10/11pm then having the extra day covered probably isn't going to make the difference and need to look at support on the whole week.

hairylights · 16/04/2011 22:29

If you have a flexible working arrangement, Stop working the extra hours. Simple as that.

dinky1975 · 16/04/2011 23:04

Hi. Thanks for the advice. Late nights are quite common in my industry. I haven't raised it with my employer, I am going to do this on monday and was trying to get some advice before then.
I am just preparing for them to say that this role is a 5 day job and that I have to increase my days.

OP posts:
flowery · 17/04/2011 15:40

I think something that might be helpful is to stop thinking of your 4 day week as 'flexible working' and start thinking of it as your normal permanent hours, which is what it is. Your hours changed from 5 days a week to 4 days a week following completion of a flexible working request, but at the point the request was agreed, those became your permanent hours.

Your employer moved you into this new role knowing you work 4 days a week. If you ask for more support it's not to 'maintain your flexible working', it's because it is not possible to complete the workload in your hours. There is a difference - I'm just conscious that if you are giving off a bit of a vibe of it actually being flexible and an extra benefit you have that you're trying to hold on to, rather than hours that are just as permanent as those of your full time colleagues', your employer will pick up on and mirror that.

When were these changes actually implemented? It's just if it all happened months ago and you didn't raise the issue of (eg) people to cover your day off at the time that makes things more difficult. How did the whole thing happen and did you raise any concerns at how you'd manage it all?

dinky1975 · 17/04/2011 19:10

Hi flowery, thank you for the advice, very helpful.

My new role is an evolution as it involves setting up a team. A couple of months ago I was given a brief to resolve some efficiencies they thought existed in the company and last week I presented the plan to the mgmt team and it was approved. I did raise a few wks ago that I though This may require more hours than I could give but received no response. Now that I have the full vision of the solution it is exceptionally clear to me, hence I would like to raise it again but this time be more definitive as I have full visibility of the effort involved.
I know my ultimate boss doesn't like women working reduced hours so I anticipate him saying that I have to work a 5 day week, I am trying to ascertain my rights given they moved me out of the role where flexible working was possible. can you helpnhere?
Thanks for the advice re how i communicate my working arrangements internally, makes complete sense. I definitely don't communicate that my working arrangements are flexible, I work a four day although sometimes am asked to do more which I sometimes oblige to depending on my circumstances.
Thanks
Dinky

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