My flexible working has been revoked after 6 successful years

[Rocketrons]

Hello. I'd really appreciate some help please.
In Jan 2006 I returned to work f/t after 1st child, applied for Flexible working and was granted the privilege of being able to work from home 1 day a week (once granted is it a privilege or right?)
Since then I have always hit targets and have in fact got better each year.
My company is going through tough times and we have had redundancies and severe commission cuts.
Yesterday my flexible working was revoked; as of 1.3.12. I have to put youngest child in nursery 5 days a week (cost around £2.5k extra)
I can't find anything at all on directgov or here on this.
Anyone any ideas or thoughts please?

gosh - 6 years of your current working? surely that counts as your contract now? What are their reasons for doing so?

Try contacting ACAS, they should be able to help advise

Hi am not an HR expert but I think that if you are granted flexible working the new working hours that are agreed become part of your contract. Therefore if your employer wants to revoke the day you work home then they are amending your contract and they need to agree this with you - these pages might be helpful - www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

www.acas.org.uk/index.aspx?articleid=1616

Hopefully someone with more knowledge than me will be able to give you a definitive answer!

Fabulous advice, thank you all, so, so much.
The reason given was that they need me here answering the phone - but my team has been unaffected by redundancy so the same number of people that were here to answer for the last 6 years are still here to answer - plus my own phone is diverted to my mobile.
I have just rung the ACAS helpline 08457 474747 (8am - 8pm M-F, 9am - 1pm Sat) and received 20 minutes of high quality, useful advice from one of their advisors.
And yes you are right - 6 years constitutes a 'custom and practice' contract and by changing my contract without my permission that have potentially breached it (for anyone else in this position who has done less than 6 years - it may not matter - it is just when something becomes established).
I have been advised to put in my informal objection (verbal or e mail) and if this is rejected then go with a formal written objection.
I?ll do informal objection now. If anyone?s interested in the result I?ll repost.
Thank you all.

Max is right. ACAS are almost right. It's not custom and practice. The actual flexible working agreement for 2006 was a written variation to your contract of employment. So it was an explicit change to the terms of your employment contract and as such your employer has to negotiate any changes with you in the same way they would any other term like annual leave entitlement or salary.

You should write back and say that you do not accept the new terms and that should they wish to vary the terms of your employment contract they must do so lawfully. Until such time as you both agree terms you will continue to work as per your current contract of employment.

Keep copies of everything and make sure you get copies of all of their correspondence and requests in writing.

It may be a good idea to get some specific advice from an employment lawyer. The Nct used to have a helpline run by Russell Jones & Walker solicitors. Check their website for details www.nct.org.uk

on laptop now. See this link www.businesslink.gov.uk/bdotg/action/detail?itemId=1081563910&r.l1=1073858787&r.l2=1073858926&r.l3=1073931239&r.s=sc&type=RESOURCES the fourth point under accepting a flexible working request explains how it is a permanent change to the employment contract unless agreed otherwise. However, even if you did agree it was temporary arrangement it's been over 5 years now so you could argue that the permanency of the arrangement is an implied term. See here www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037109

Info on changes to employment contracts here: www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

What Isla says is absolutely right. A flexible agreement is a permanent change, and they can't change it back without your agreement.

However if they know that your youngest is being cared for you at the same time they could in theory argue that this arrangement means that you are not in fact available for work during the agreed hours, contrary to their understanding that you would be available. It is very unusual for a firm to allow a parent to work from home and care for a child at the same time. Have they only recently realised that you are looking after your youngest at the same time as working at home?

Thanks for the posts ladies.
My boss has always known I was childcaring at the same time. The idea was that if, at any time, I found myself unable to work due to childcare then I made up the time early mornings/late evenings and weekends. I've always done this and can prove it.
I even have it in writing from my boss that (the agreement) "seems to work well".
I informally and nicely e mailed my boss yesterday to ask that the flexible working remain in place and copied in HR.

I've not had an answer yet!

Yes, they are not "revoking" they are trying to change
your terms and conditions which they actually can't just do they have to do it with consultation and agreement.

Well I've had the formal reply from my boss. Not good, they are sticking to their guns. ".... the Company finds itself in an extremely challenging market and everyone needs to be office based whilst we work through this difficult time...." So, that's that. One other person has had their Flexible working revoked, but she, unlike me, does not work weekends. When I'm on a weekend (I work one in three, sometimes more) I could now face up to 12 days without seeing my children except at b/fast and early ev.
I either put-up & shut-up or go through a tribunal. Neither of which I want to do
:(
Add to this that my industry is hugely male-dominated so I don't think I will get much sympathy or thanks if I put our company through a tribunal process at this difficult time.
sigh

Sounds like they are telling you that the company is in deep financial shit.

I would reply saying that although you understand the company is going thourhg uncertain times they are attempting to change your contract without your agreement, and as such you do NOT agree the proposed changes and will continue to work your current contacted pattern.

Put the ball in their court so to speak - if they want to invoke disciplinary action they would probably be in breech of sex discrimination as well so you could sue their asses. Well, you know what i mean.

Put it this way - if they suddetnly halved your salary woudl you meekly say 'Oh OK then'? Except this way of course you hold the power.

Ah well funny you should mention that, they cut my commission by a third in Nov.
And went I went mad, they used the same reply...(company going through tough times, etc. etc)
Yes JustHecate, deep doodoo...

Just continue to work to your current contracted hours taking a day at home. And start looking for another job.

Take the following with a pinch of salt - I am feeling disproportionately fiesty today, and am fuming on your behalf.

I'd politely reply that although you appreciate that the firm is facing challenging times, your employment rights are protected by law and that you are not willing to accept either (a) the illegal deductions of earnings caused by the witholding of contractually bound commission earnings, nor (b) the unilateral changes to your terms and conditions of employment.

Then I'd leave it to them to come back to you. I would not raise a grievance at this point because I assume you are still kicking it back and forth. A grievance can be raised at a later date...

I think they will back down when they realise that you cant be pushed over and that they are on the wrong side of the law. It won't do you any favours in Miss Popularity contests at work, but presumably you are disillusioned anyway with them for treating you like shit, cutting your pay and trying to wreck your home life too, so I imagine you are not pinning your career on them long term...I think you need to do enough to protect you now and protect your position whilst you find something else.

You could add that you have been advised that you are entitled to continue to work your contracted hours and will do so; and that - given that the company is breaching employment law - any actions taken by the company to continue to try to force you to change your hours (or to penalise you in any way for not agreeing to unilateral changes) will be taken as being a provocative, discriminatory and vindictive, and will be resisted with the force of an employment tribunal ruling if necessary.

You need to record that you are not willign to go along with this, and show that you are completely resisting this (it will stand you in good stead should this end up at a tribunal) Sending the letter in itself should also protect you to an extent from any action they may take to 'actively' select you for redundancy (so to speak)

Given that you say this is a male dominated industry there are arguments for perhaps also saying something like "Given that there are so very few flexible workers in the firm, I appreciate that you may not be aware of the impact of rulings such as the one you are trying to implement. Forcing people to switch from flexi to non-flexi working has a very disproportionate effect on primary childcarers, which is why it is rightly protected in law".... Now whilst that may read as a bit wishy-washy to most of us, to an employment lawyer that would scream out "STEP AWAY from the lady".

My, squiffy, you are fiesty.

Thanks squiffy, made me chuckle...
We were all subtly bullied in 2006 into signing new contracts which stated the company could change our commission structure from time to time.
Everyone I know well in this company is unhappy and looking for other work. Trouble is, our industry is in deep doo-doo all over and no-one is hiring. We've had significant redundancies.
I think I need one of your fiesty pills.
I do think they are in the wrong, but I am going to have to make myself very unpopular with my immediate boss....
Don't know what to do for the best :( :( :(

Hi,
I have just joined mumsnet because of this e-mail thread - my situation is almost identical and I really need advice.
I began working from home 1 day a week after my daughter was born. This worked brilliantly for 5 years fully supported by my manager as I got so much done on the 1 day working at home. I let my work know that my mother (who lives with us) also required some care as she unfortunately became registered blind. They attempted to remove my flexible working conditions then but dropped the 'discussions' after I called ACAS who explained that they could not just change my hours after all this time.
In January this year I adopted a second child and returned to work 2 days . I was invited to a flexible working hours review today and was informed in the e-mail that they want me to work on site every day and that my hours have to change.
I am extremely upset - I am returning to work after adoption leave, my 2nd child is a 'looked after child', my mother is disabled and my youngest daughter is in Year 1 at school. My work record is exemplary and my line manager has actually written a 2 page business case for me working at home as it is so beneficial for him.

I was just wondering what ever happened with Rocketrons - did they back down or did you?

My case is really complicated but the bottom line is that I will have to leave without the flex hours but without the job I can't pay the mortgage!

If your flexible working arrangements were as a result of a flexible working application then the arrangements will amount to a contractual right and cannot be changed without your consent unless the company dismisses you and offers you reengagement on a new office based contract (in which case you would still have a claim against them).

Having said that, working from home whilst looking after your children is likely to be misconduct unless you have specific consent from your employer to look after your children whilst you are working. If you don't have their consent then this will give your employer the ability to insist on proof of your childcare arrangements or potentially, depending on the specifics of the arrangements put in place in the first place, revoke the arrangements.

I don't understand how any of you can request to work from home whilst caring for either a child or otherwise. That is not the purpose of the right to request flexible working, it is to enable you to work around your caring responsibilities not to care for people and be paid for it. I have 3 children and just could not contemplate getting any work done. Agree with the contractual change once a request is made. If they want to change it they need to consult with you to reach an agreement. If they can prove a business case then if they fail to reach your agreement they could choose to dismiss you and offer reengagement on a new contract. They will need to prove the reasons for this and if the business is in trouble they may have justification. I would continue with the approach suggested by Squiffy but beware that ultimately this is what could happen. If they continue to act unreasonably then, as a last resort, you could resign and claim constructive unfair dismissal as a result of their repuduatory breach of contract. Obviously get legal advice before taking such action.