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Can my employer force me to change the days of the week that I work?

8 replies

OrangeChicken · 03/11/2011 02:31

I am due to return to work a couple of months into my Additional Maternity Leave phase.... Immediately prior to going on maternity leave I worked 2 days in the office and part of one day at home. My employer has said that it is extremely unlikely that I can return to my original position as the team I was in is now overstaffed. Fine .... but.....

They will find me a position (the same pay, same number of hours, same responsibilities, title etc etc) but they want me to potentially change the days of the week that I work and/or perhaps not work from home. This will not be possible for me due to rather complicated childcare arrangements. They are taking legal advice.

Can they force me to return to work on different days from those I worked prior to mat leave?

Any help appreciated...

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ChippingInAutumnLover · 03/11/2011 02:44

Sorry - I didn't want to read it and run, but I don't know - hopefully someone who does will be along soon.

Are you in the UK?

TheGhostOfMrsWembley · 03/11/2011 03:03

Sorry, but from what happened to a friend of mine I've a feeling they're legally entitled to offer, although you are legally entitled to say no. You need to check very carefully though; my friend was going from full to part-time so that may make a difference.

mnistooaddictive · 03/11/2011 04:20

It depends On your contract and whether it says you work 2 days per week or if it says you work "Monday and Tuesday" for example. Is the working from home formally agreed in writing or was it just allowed informally?

LaCiccolina · 03/11/2011 10:55

Days, I would expect that its in your contract. Or if done as an fwa that a letter was written confirming the arrangement clearly. If days are stated then they can ask but you can turn it down. Its a partnership so both sides can request to alter a contractual status, things do alter, however neither side has to agree. You need advice basically but you have possibilities. Keep talking and do your best to keep it extremely polite and civil for now however you are feeling.

rubyblue · 03/11/2011 21:39

Days, my sister had a similar problem and rang ACAS (think it was them you can google it) who gave her some valuable advice. They said after so many years in her arrangement, that it was an implied contract and that legally, it would be nearly impossible for her boss to make her change her hours. Maybe worthwhile ringing them? Their advice line is free and at least you will know where you stand and your boss will take your position seriously.

rubyblue · 03/11/2011 21:39

Days, my sister had a similar problem and rang ACAS (think it was them you can google it) who gave her some valuable advice. They said after so many years in her arrangement, that it was an implied contract and that legally, it would be nearly impossible for her boss to make her change her hours. Maybe worthwhile ringing them? Their advice line is free and at least you will know where you stand and your boss will take your position seriously.

OrangeChicken · 03/11/2011 22:34

Hello - thanks for the responses - much appreciated...

My contract does state the actual days of the week, yes. I am also in the UK.

What does fwa mean?

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OrangeChicken · 03/11/2011 22:36

Thanks also re tip about ACAS... will do that tomorrow!

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