Flexible working hours - at what point do these hours become your working pattern?

[natsmum2000]

Hi

I dont know if anyone can answer this question for me?

Ive been doing a flexible working pattern now for 2 years this year if i was allowed it would be my third. At what point do these hours become your normal working pattern?

I have to be interviewed for my own job along with others and i need to put a case forward that i would like to keep these flexible working hours even though my hours are decreasing from 24 to 18.5. My son is autistic and has adhd so these are the reasons i need to do a kind of term time only working pattern. Plus DH works offshore so it not home. Its not full term time only working, as i work 1 day on a half term and 2 days a week through the summer holidays instead of 4 (all my leave entitlement is used up to encompass having the school holidays off) but is as close as i can get it and it works for me and for my department.

If anyone can help on this answer it would be appreciated.

TIA

natsmum2000

Hi Natsmum, my understanding is the company can revert to full time for business needs. However there is a phrase - common working practice- which I think kicks in after about 2 years. Hopefully someone else will be along to explain better.

I did a three month trial then my flexible working arrangement was written into my contract. It can only be taken away if they give me notice equivalent to my notice period if I were leaving (three months in my case).

If the hours were agreed after a formal flexible working request then those are your permanent terms and conditions, unless a specific trial period was agreed.

Employers can't just force someone to increase their hours to full time for business reasons, or by giving notice. Terms and conditions that originated from a flexible working request are just as permanent and difficult to change as anyone else's.

In any case if you've been doing the same hours consistently for 2 years those would be your permanent terms and conditions anyway.

But if you're being interviewed for your job and yours hours are reducing then it sounds like some major restructuring process is underway and terms and conditions are changing anyway.

Hi Natsmum

I work in HR & basically this comes down to how long you've been working these hours and what agreement you have in place to work them.

Hours of work can be 'contractual' which means that they are relatively 'set in stone' but your company can change them but to do that they either need your agreement to do it (which you obviously wouldnt give) or they need to try to vary your contract of employment by giving you adequate written notice of the change.

If you've completed a formal flexible working agreement in the past to agree the term time hours, then your hours of work would be contractual and to change them then your company would have to do the above, but importantly when doing this they need to provide a fair rationale for the change. As you complete these hours due to caring responsibilities for your son you could potentially put a tribunal claim into court on the grounds of discrimination by association (on the grounds of your sons disability-ie you were being treated less favourably due to it) so I would imagine your employer would be very concerned & wary about this course of action.

Also if you've been working these hours for a long time (even by informal agreement-ie nothing in writing) then they sometimes becomes contractual due to the length of time it's been going on. This is called 'custom and practice'. The same as the above applies if they wanted to change your hours.

Sorry for the long explanation and legal jargon, but as you can see its a little complex, but I would stick to your guns ask lots of questions as to why this is suddenly a problem for them that you work these hours/can they make adjustments for you due to your sons disability etc. I wouldn't agree to anything - and it might be worth speaking to ACAS or citizens advice for some more detailed advice as they can review your case more fully.

Hope this helps and good luck

X

Thanks very much for all of your answers! JoCheshire10 yours is great thank you! I have had a written request for the last 2 years updated every year.

On my last request for flexible working arrangements it said 'as always the situation will be considered on an annual basis and it should not be assumed that this will agreement will continue past March 2013'.

My Team Leader also put on my appraisal that due to the forthcoming changes they are unable to guarantee if the flexible working arrangement will be able to continue into 2013/14.

It does look like i am not going to be able to continue with this as they have covered their backs :-( xxx

"On my last request for flexible working arrangements it said 'as always the situation will be considered on an annual basis and it should not be assumed that this will agreement will continue past March 2013'. "

It doesn't work like that. The law says that other than specific trial periods, an agreed flexible working becomes permanent terms and conditions. An employer can't opt out of the law by putting something like that in a letter or contract.

Thanks flowery.

It sounds like i have had 2 trial periods then, as ive been doing this pattern for the last 2 years...

X

This is what i have put for my supporting statment to try and keep my flexible working hours...what do you think?

Supporting statement, to request the continuation of my flexible working pattern from 1st April 2013.

I would like to continue to work my flexible working pattern that has been in place for the last 2 years and has proven to work within the .......

I am fully aware of the challenges presented by these flexible working hours, but I have always worked hard to make sure that all my tasks are completed to a very high standard while I am in the office and I prioritise my workload to make sure that there is no work outstanding when I do go on leave.

It has never had any detrimental effect on the running of the ........ and the Team Leader has never had cause for concern with my standard of work or the productivity whilst working this flexible working pattern. Never has this arrangement had a negative effect on the....... or the needs of the service.
The ......... resides in a small youth centre based on the ......... This centre has no community let?s, so when I am not in the office and on annual leave there will be no detrimental effect on customer demand. Also, by having no lets it enables me to focus my attention solely on the needs of the team and the service.
By allowing me to continue these flexible working hours at the ........ i shall continue to make sure that my quality of work and performance remains at the same high standard it always has been.

I have taken out where i work, but if anyone can think of anything else to add it would be much appreciated!

natsmum2000

Two years isn't a trial period, no. A trial period would be usually 3 or 6 months, a defined period to try it out. At the end of that time the arrangement would either become permanent or would be refused altogether, with business reasons given.

They can't just withdraw it annually and make you reapply. It was a flexible working request that was agreed and you have been doing this working pattern consistently for two years. Those are now your permanent terms.

Great thanks for all this info Flowery its much appreciated.

Unfortunatley it is what they are doing, reviewing it every year to make sure it is working even though they no it is :-(

I completely agree with Flowery-as you've been working these hours for 2 years, I would argue it's a permanent change to your terms and conditions.

My advice would be not to engage in the flexible working process change and therefore not complete the supporting docs as it acknowledges that you accept it was a temporary arrangement. I'd instead progress by raising a grievance (a written complaint through your company grievance process) against the attempt to change your permanent terms and conditions. Make sure you mention the reason you requested them in the first case-i.e. related to your child and that he has a disability and you have caring responsibilities.

This should be enough to worry most companies - and the fact your complaint is documented means its harder for them to ignore (and you could take it further should you later wish to..).

If you don't want to progress down the grievance route then I'd amend your flex working letter to include why you need to work the hours-ie your child etc

.....I've never heard of people reserving the right to review someone's flexible working arrangement....it's illegal and I have seen a lot of dodgy practices...

Thanks so much JoCheshire10 your advice is invaluable as well.

I have amended what i have written to include my caring responsibilites towards my son and the need to work these hours again :-)

X

Best of luck

Thank you x