HR views on part time work issue

[TensionWheelsCoolHeels]

Hi,

I work 25 hrs over 3 days, and have worked the same days for the past 2 years. I don't work on a Monday. I now work in a dept that has 14 part time workers (total is about 40, give or take).

There is an imbalance of part time workers who work Mondays i.e. 10 out of the 14 don't work Mondays, and this is now apparently an issue. A number of those who don't work Mondays have been asked if they will change their days to include a Monday instead, in order to reset that imbalance. I'm not sure everyone has been asked.

I've been asked twice already and I've said no. I've explained my reasons and at the end of the conversation there was what seemed like a veiled 'threat' to go to HR with talk of withdrawing 'something' (specifics escape me but I think it's the previous agreement to my contracted hours/pattern). I am very concerned obviously but I'd like an idea as to what this threat means and where I stand.

The dept I'm in, I moved to a year ago. That move was originally temporary but was made permanent in Dec. At that time, my understanding is that there were 11 part time workers (3 further people on maternity leave) 6 worked Mondays as part of their agreed days/hours. Since then, 3 people have returned from maternity and been given days that don't include Mondays, and 2 people have had their days changed to not include Mondays. This is how this imbalance has come about.

My question is - do I have any grounds to refuse this change if it's enforced on me? I'm not happy to change my days given that I've worked this pattern for 2 years and the need to change is due to others being given days which clearly they shouldn't have been, if this now is an issue.

If anyone can advise me on how best to address this, I'd be really grateful.

Thanks.

Bump

Anyone?

Last try...

I work part time, over 4 days, and have Fridays off. However, my contract only gives the hours I work not the days and they can be subject to change depending on the needs of work. So I think your work maybe able to change the days you work.

I am not an HR expert but where I work the individuals contract for part time specifies the hours and they can request the days they would like to work. We agree these but it's always on the proviso that if the company's needs change then we have the right to change the part timers days if required. Therefore I am not sure if you can say no or not.

As a manager Fridays and Mondays are a nightmare when you have lots of part timers so if as you say so done should have been more on the ball with regards to requests.

Not an HR expert either, but I think the starting point will be your contract and what it states. I.e. 25 hour per week / 0.6 FTE or explicitly Tuesday 9-5, Wed 9-5 etc.
If days aren't explicitly mentioned, could the agreement of certain dates therefore be "implied"
And then, what does your contract say about varying what has been agreed?

There's an ACAS leaflet on varying employment contracts which might be a starting point for you to see where your own situation fits in.

Thanks. That's my issue - the 5 people who have either come back from maternity/had their change request to not work on a Monday agreed shouldn't have been given that option if this imbalance now needs to be addressed.

I have quite specific reasons for not being able to work on a Monday, hence me working the days I'm in just now. I'm sure everyone else has their reasons too, but this wouldn't be necessary if the management had just thought through the requests/maternity leave returners. I just wonder if the length of time my work pattern has been in place gives me any more leeway.

As far as I'm aware anyone's hours may be changed but consultation and notice must be given.

My contract doesn't state the days, just the hours. My personal file has my agreed days/shifts, signed 2 years ago.

The consultation - is that what the 2 occasions I've been asked to change are, or is that something more formal?

I am not an HR person but have worked part time in a few jobs. In each of those jobs my days and hours have been specified in my contractual terms and any changes (which were always at my request) had to be agreed by HR and a formal amendment drawn up. If your days are set out in your contractual terms them any changes would be a variation and you can chose whether to agree or not. Even if not formally set out then you have had the same days/hours for a while so there would be an informal contract implied. Unless your contractual terms specifically state that the employer can change your days as they please.

I would be polite and state that you cannot easily change childcare arrangements and do not therefore wish to change your days.

They can change your days/hours but have to consult with everyone about it and select a fair criteria to decide which staff will have to change their non-working day (in this situation, I would suggest it is on length of time of not working Mondays) however, if there are childcare issues, this may need to be factored in. For example, of someone needs to wait for a Monday to be available at a nursery, it would be reasonable that their hoots are not changed until this is sorted iyswim.

Clearly someone has significantly cocked up in agreeing all these changes and now will need to unpick it!

Thanks. When I changed my days to the current pattern I had to file in a formal flexible working request form, as I was reducing the number of hours I worked, at the same time as changing the days, and it was dealt with formally by HR. The actual days/hrs per day was confirmed in a signed agreement, just specifying my set days, locally i.e. in my personal folder. I'll need to dig out my contract but I've a feeling it's vague/non specific to the pattern of the hours I work.

I do work in HR but I'm not an employment lawyer so this is just my view.

If you have a signed statement giving your usual hours/ days, then it is very difficult to change those days without your consent to it. Although your contract doesn't state the days, if you have a signed document outlining them, this could be thought of as a "contract" through custom & practice. IE you always work those days & have done since you worked there.