Reasonable business request...is this allowed?

[DespicableMeh]

Hi,

Apologies for the huge essay - I started typing and the floodgates opened!

I've worked for the same company for the last 14 years and been in my current role for the last 6. Consistently received good ratings in annual reviews and have had enhanced bonus payments/meals out etc. as a reward for high performance. I work within a team of four, "A" part time office based, "B" ft office base, "C" ft based in other location (office) and me 60/40 based between home/office on flexible working arrangement, which has been in place for four years and has never been an issue, as I often come in on non-office days and am contactable during all office hours if need be.

C has recently been instated as line manager to A/B/me and has made a number of changes to the team since 1st Jan including swapping A/B's responsibilities and is now pushing for me to be office based 9-5, five days a week. Work role hasn't changed massively over the last 4 years, but I have taken on some of C's work last year, which has gone very well. Have now had three meetings with C and HR who are piling on the pressure for me to change my FWA.

They claim they want the team to be prepared for this years upcoming projects and feel it would be more efficient for me to change hours/location. I argued that as a high performer, I didn't expect the projects to be an issue, but would be happy to discuss changing hours if it became a problem but at present it seems they are trying to solve a problem that doesn't exist.

Am being told I need to be in to ensure there is cover for queries in the office, although any queries are received via e-mail and no-one ever comes across in person. I came up with a revised arrangement which provided further cover for days when only 1 person was in the office and was more in line with usual business hours (rather than my current times which sometimes start at 8.15 and have one finish at 6.30). C has reviewed and doesn't agree with around 3 of these hours (out of 35) and has responded with an arrangement which would require me to source additional childcare, which is an issue as it's practically non-existent in the area where I live - hence my need for a FWA.

HR have confirmed I need to agree these changes to my hours, as it's a change of contract, but that essentially I can't refuse to change my FWA as it's a "reasonable business request".

I've asked for a copy of my contract and their FWA policy, and for a copy of the minutes of all three meetings. I've only been sent the first set of minutes so far, which didn't reflect what was discussed, so I marked-up with my changes and sent to HR and have asked them to confirm where they disagree. I'm considering getting some legal advice, but wondered if anyone else has had a similar experience and what the outcome was and essentially if it is legal for them to change my contracted hours without my agreement, as it's allegedly a "reasonable business request".

Thanks for any help/advice you can offer.

[Millerpup]

Your employer can change your contract as long as he consults with you beforehand and gives reasonable notice.
However, just because your employer states that you have to accept these changes because it is a reasonable business request you could argue that you find the changes would be unreasonable and you should state your reasons why.
Childcare is not your employers problem but the cost of these alterations to you having to finance it could have a detrimental effect on your salary and i would make them aware of the proposed implications in writing.
At the end of the day no one can force you to accept these changes, and you need to find out what happens if you don't?

[thekingfisher]

A contract can only be varied by mutual agreement and any variatioI would prob be better with footballsn will depend on whether there is a contractual right to vary ie a clause in your contract saying that they can vary it - this is sometimes called a flexibility clause.
I would check you contract in the first instance.
They can make a reasonable request however in the event of action it would be for a tribunal to decide if it is a reasonable request. However they could force you to accept the changes and take the risk that it would be found reasonable.

I would suggest keeping the channels of communication open and seeing if there can be a compromise reached.

If you are likely to suffer a detriment by the action they take financially because you have to pay more childcare you would be reasonable requesting that from them . If it is not doable with your childcare arrangement and you had to leave then you would be quite within your right to claim for unfair dismissal.

Clearly that would be a very last point of action on your behalf.

[Mixtape]

I thought that once a flexible working arrangement was agreed, unless it was for a trial period, it became part of your contract. And your employer can change your contract can't they? provided the correct procedure is followed and amount of notice given.
Sorry, not helpful as I don't have definite answers, but it sounds like if you come down to it, it is either accept or leave, unless they agree a compromise.

[Mixtape]

I don't know if the OP would be able to claim unfair dismissal, thekingfisher? As I say I am not an expert but I know from a friend that had to leave a job because her flexible working was revoked - she used to work specific days and they changed it so she would be rota'd on across the week like other members of staff. She did seek
Advice but was told as long as they weren't discriminating on a protected characteristic and were following their
Procedure they could, because they had a "business reason" - it is not the employers concern if you have childcare issues is what they said basically (and it was lack of
Childcare that caused my friend to leave)

This was in a hospital though, so I am not sure if they have different policies regarding flexible working.

[thekingfisher]

If there isn't a contractual right to vary i.e. in her employment contract and the change caused a detriment such that she was unable to continue in work she could resign and claim constructive dismissal or continue to work under protest (accepting the changes)- thats not to say any action could or would be successful. It doesn't seem utterly unreasonable to wish to change the working conditions but it doesn't appear to based on any evidence that there is an issue just a preference - additionally they seem to be arguing over a very small period of time - 3 hrs ultimately with the compromise suggest by OP. This may be the starting point and perhaps to identify the triggers which may indicate working arrangement is not meeting get needs of the project?

[DespicableMeh]

Thanks all for your comments, they are very much appreciated.

I now have a copy of my contract which states "The Company reserves the wight to make reasonable changes to your terms & conditions. You will be given not less than a month's written notification of significant changes"

So, looks like I'll need to basically suck up the changes. Somewhat childishly I am massively pissed off, as "C" wouldn't have been promoted without the work I put in when we were colleagues and I feel they are trying to enforce these changes as there is no scope for them to have a FWA and instead they have to travel to a different office location at least twice a week (increases their commuting time by at least 5 hours each time) - am sure they are rewarded financially so I don't feel that sorry for them. And to top it off, they are being what I can only describe as "awkward" for no reason with regards to the revised FWA I proposed in order to negate the issues raised in the initial meeting.

Would appear that loyalty and hard work are no longer important to employers and, despite working alongside "C" for a number of years and being in a fairly senior role working independently, C is now almost micro-managing me and is looking for me to defer to him on issues which have never been a problem before...think I might have to look for a new job (before I get arrested for GBH!!).

Aaaarrrggh - bastards

Thanks again.

[thekingfisher]

Despicable - thats a pain...

I would continue to try to find a suitable compromise rather than just accepting it. I would certainly seek financial uplift to make up for your increased childcare costs and commuting costs.

As a working mother (not sure if the others in the 'quad' are either women or have children?) the employer should be supporting you to make a valuable contribution which you have been doing - not making it more difficult for you.

Out of interest are the others men or women?

[DespicableMeh]

Thanks Kingfisher - I did raise the increased costs during the first meeting, but didn't get anywhere. It couldn't hurt to bring it up again, even if I use it as a negotiation point to try and get them to move on these three hours which are still under dispute. Just feels like a step backward, after so long being in charge of my own work/output/hours. This year's development plan is still under consideration, I'm tempted to push back on any additional responsibilities and stick to a rigid 35 hour week, citing that the change of hours has reduced the time available for me to do any (unpaid) overtime.

Worked there full time for 14 years, and have a 10 yo/8 yo and 4 yo and have never had any complaints or issues with performance. It really just seems like C has gone a bit power-mad now they are in charge of the team. Out of the four of us, one is a man (with a SAHW)...I''ll leave you to guess which one that is in the above sceanrio!!

[thekingfisher]

Have a look at this

varying a contract

also potentially speak to these people:

Equalities and Human Rights Commission (EHRC)
For information and advice about discrimination law
//www.equalityhumanrights.com
The EHRC helpline for advice and information is run by the Equality Advisory Support Service. The contact numbers for the new service are:
Phone: 0808 800 0082
Textphone: 0808 800 0084
Mon.- Fri. 9am – 8pm, Sat. 10am – 2pm

You may end up in the same place - but you will not have rolled over...

[Chertsey]

When my employer tried to change my hours, stating business requirements, I was advised that if you can't do it because of caring responsibilities, then they can't make you. However, if they do need "someone" to do the new hours and by appointing that person you are no longer required, they can make you redundant.

My employer backed right down once they realised I'd taken proper advice, so it never came to that.

I was advised by www.workingfamilies.org.uk/ and I'd thoroughly recommend you give them a call.

[Chertsey]

I had the clause about making reasonable changes in my contract too OP.

[DespicableMeh]

thank you. This is still rumbling on, I sent across a reasonable counter proposal splitting my hours 60/40 in favour of the office (currently 40/60) and they've now come back with 80/20 response, where I'm in the office five days a week (currently in 1.5 days each week).

This feels like they are now being vindictive because I dared to negotiate and I've requested all correspondence be carried out via email as I get uncharacteristically emotional in the meetings and they pressure me to accept their proposals - that didn't go down well...

I'm debating discussing with "D" who is my old boss (was C/my boss before structure change ) to see if he can add some balance to the discussions. But, not sure if he'll just back C up and disregard my concerns, or if he won't say anything in case they are trying to manage me out.

Gah am so fed up of all of this and feel like am simmering with rage most of the time.