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Boss changing my 'flexible' working hours

11 replies

redundantandbitter · 21/05/2014 11:33

I work 27.5 hours a week with big national compsny. Been with them since dec 2011 I. Temp 3 month contracts. Supposed to go to a perm contract after 2 yrs but boss stalling... Stalling... Stalling

Lone parent. 2 x Dc's. ages 9&5.

Boss was brilliant when offered me the
Job. Compressed hours so I work over 4 days (and not over 6 like everyone else). WS working wed to sat but when my ex moved out he refused up have out kids on a Saturday. I struggled on, paid £'s in mediation , but he wouldn't budge.

Boss asked if I'd like to work mon- thurs from 1st April 2013 which wS a godsend. Though cost me more in childcare. I immediately accepted and its been working well. I was extremely grateful to her fir being understanding.

Today I'm given a letter by her deputy manager saying after a 'business revision' I have 4 weeks to put arrangements in place and stsrtworling6 shorter dAys. I simply can't work a Saturday ,I'm in tears but keeping it together obviously.

Am in a big union but rep just said I should start with HR and see if my compressed hours agreement is on record somewhere.

I'm so gutted . There isn't another lone parent in the office juggling school pickups etc . They are all a) single blokes or b) no kids c) have a significant other at home doing the child care.

I wS made redundant 5 yrs ago on mat leave- not on union- and got COMPLETELY shafted by a make boss who hated me being part time . The person covering my mat leave got my newly firmed full time postion. I really loved that job

Now I feel I'm being shafted again- for having children to care for.

Anyone got any ideas? :(

OP posts:
MarathonFan · 21/05/2014 11:48

Ring these people

They were brilliant when my large company wanted to change my hours for "business reasons"

It was a long time ago but IIRC the upshot was that yes they can impose a change for business reasons but if the reasons you can't do it are because of caring responsibilities, then no they can't. However, if the business really can't accommodate your existing hours then your eixiting position could be come redundant.

In my case, once the local management (also hated part-timers) became aware that I was getting proper advice they backed down completely. My union was useless too!

thekingfisher · 21/05/2014 11:52

broadly speaking your contract was changed when you agreed and started working your current arrangement - regardless of whether it is/was in writing.

However if the company want to vary this they should either be depending on a term in your contract giving them the right to vary

or they must do it with your agreement

(there are other permutations of this)

However Marathon is correct if they are proposing a change which you cannot make because of your responsibilities then they are in trouble.

Call ACAS as well as the working parent site to get as much info as possible. I agree you need to address with HR first but take advice on addressing this formally in writing asap

redundantandbitter · 21/05/2014 12:12

Guys - thanks . Started to well
Up again ..

This is a brilliant start for me. I'll call them ASAP and speak to ACAS also. I would be willing to compromise and work min- frid (5 days). But the Saturday is simply something I can't do. Feel backed into a corner.

Ok, thanks again. I have a plan now

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redundantandbitter · 21/05/2014 12:36

And all my annual leave days are booked til march 15- we have to do this miles in advance. All my holidays are booked based on me working a 4 days week - my ex is painstakingly mean at childcare provision so I use holiday clubs too.

What about the holidays I have planned in the summer - taking the kids to a festival. Will she be obliged to honour that arrangement as it falls outside the 28 day notice period.

I'm SO pissed off with this. I've worked so hard in this job to MAKE it work and I pay all my bills and am a good, honest colleague. I've started working on an extra project for her.snd now this

OP posts:
flowery · 21/05/2014 13:15

Your union rep sounds rubbish.

If you've been working those hours consistently for all that time, then those are your terms and conditions, and changing them isn't just a matter of giving notice. They need your consent. If you don't provide consent and there is a good business reason, they can potentially dismiss you and reengage you on the new terms, but they need to go through hoops first and unless it can be very well justified, it's risky.

Your union rep should know this.

I would write back to your manager, and copy HR, saying that having taken advice you understand that any change to your terms and conditions requires your consent, which you are unable to give for the proposed change set out in her letter dated [DATE], so you will be remaining on your existing terms and conditions which are [whatever they are].

redundantandbitter · 21/05/2014 13:44

Thanks - but what if those terms and conditions were just verbally agreed (my manager offered them - she bent over backwards for me - I didn't request any of it). What if nothing is written down but I've been working those hours/ patterns since Day 1?

OP posts:
flowery · 21/05/2014 14:19

Doesn't matter. It doesn't have to be confirmed in writing to be your terms and conditions.

redundantandbitter · 21/05/2014 14:42

Really? I do believe you , but would my union rep be able to provide me with some legislation (for want of a better word) to back me up ?

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napoleonsnose · 21/05/2014 14:49

Agree with flowery. The hours and days you have been working over the length of time you've been doing it are classed as a verbal agreement which is just as valid as a written agreement. Can you go above your union rep's head discreetly and approach their Area Organiser for some advice?

flowery · 21/05/2014 15:06

Have a google of "custom and practice" contracts/working hours.

redundantandbitter · 21/05/2014 16:22

Thanks everyone.

A colleague mentioned on passing (as I was leaving work earlier) that there is another person in my office (lets call him P) that has been given a similar letter . P doesn't work the same pattern as others due to religious reasons.

Colleague went onto say that , between me and P's compressed hours , the manager has to pay out an additional 32 hours to cover our duties .

My first feelings are it would be cheaper for her to have someone spread their hours - pref someone without childcare commitments . The fact is she offered me those hours 2.5 yrs ago and it's never been an issue. Now it's all new fancy business initiatives - and I understand we need to work efficiently but it feels like she's realised I'm tricky/expensive to 'accommodate' and a simple letter saying 'yeah you're not doing those hours anymore' will suffice. The letter state I have 28 days to make the necessary 'minor adjustments'. Hmm. Where the hell do I find childcare at 0900 on Saturday mornings?

Secondly - how does this colleague know the financial implications behind the decision , when I haven't even been told - only received the letter this morning?

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