Flexible work request

[Tweet2tweet]

Just looking for some advice. I put a flexible work request on appropriate forms etc to my work. It's been almost 28 days and I heard nothing so I emailed to ask how it was going.

Got a response saying they plan to change my hours to make me work evening and weekends so no chance. No one has consulted me on this, prior to mat leave I worked mon-fri 9-5. Can they do this?

I would consider these two separate things, flexi work request one thing and consultation on working hours a separate issue. Anyone know?

Thanks

You're right, it is two seperate things, one of them definitly has a process that the employer must follow (flex working request); the other will be dependent on your contract, but may also require a process such as consultation.

Is there a HR dept you can speak to?

What does your contract say about working patterns (evening and weekends)?

What does the flex working policy say about their own internal process?

My contract says normal working hours are mon-fri 9-5, with occasional extra hours to meet peaks in demand.

The flexible work policy is that you complete the employee form and submit it to manager, which I have done. They are then to respond within 28 days.

Thank you for getting back to me. I'm feeling rather overwhelmed about the whole thing and quite anxious about how to progress.

With your contract stating that working pattern, they can't just change it with not notice or consultation. However, they can change your contract terms and conditions but they would need you agreement to change it (in order to gain this, they need to discuss with you). The change in terms would come down to what is reasonable and how much of a different to your current contract (i.e. working weekends and evenings each week, or just on a rota basis etc), hence why discussions about this make sense in the first instance.

The flexible working policy would be a policy that the Company have created which states what they'll do if someone applies for FW. The form you've completed may just be a standard one that you can get off ACAS or DWP but, yes, they have 28 days to meet with you. The policy normally mirrors the law but it may have additional information on specifically relating to your organisation.

Have you contacted your line manager? Or is it this manager that has responded on email?

If it is this manager, it sounds like they don't know what they're supposed to be doing. Can you go to their manager? Or to HR?

Ultimately, it sounds like they're not abiding by employment legislation put in place to cover FWR. You can make them aware of this and see how they respond (informally) or you can raise a formal grievance. ACAS has some guidance on how to raise a grievance and what your options are after this.

I know it is hard, but try not to worry about this - the law is on your side but you need to give them the opportunity to respond to you. I'd be inclined to call your manager on Monday to discuss this in more detail, rather than doing it by email - that gives them the informal opportunity to deal and then go formal after a reasonable period of time.

Hope this helps.

So many spelling errors in that first para - I'm negotiating with a toddler at the same time, my apologises

What FadBook says. :)

Two separate issues, both being handled wrongly.

With changing your terms and conditions, they have to consult, and there are ways of forcing it through as long as there is a genuine business reason for the change and they consult properly before doing it.

Are anyone else's hours being changed? I think that's a crucial point. If it's a universal thing, nothing to do with your maternity leave and everyone's going through consultation, that's one thing.

If they are doing it to you only it's unlikely to be justified and you could argue is discriminatory if you have reason to believe your maternity leave is all/part of the reason for it.