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Flexible Working - what rights do i have ?

9 replies

nojopo · 08/02/2007 15:58

Hello, I have a job that requires additional work outside of my contractual working hours. Currently anyone asking to work reduced contractual hours at my work is then deemed a part time worker and has their salary cut accordingly even if they continue to work additional hours . I am asking to work 1 day from home with childcare in place at my standard office hours and one hour per day shorter for the remaining 4 days in the office. Thus my contractual hours will only be 4 hours shorter than previously and i will continue to work additional hours as necessary for the job. I am arguing this should be viewed as flexible not part time working and that my salary should not be cut. Can anyone point me in the direction of anything to back my case up or offer any advice ?

OP posts:
twelveyeargap · 08/02/2007 16:02

AFAIK, the government defines "part time working" as working less than 30 hours.

If you're working longer than that, at home or in the office, I doubt they can legally define it as part-time.

Afraid I don't know more than that.

CountessDracula · 08/02/2007 16:03

hmm

If you are working 4 less contracted hours I guess they can cut your salary accordingly

UCM · 08/02/2007 16:13

With flexible working, you ONLY have the right to ask for it. Not for it to be given. Worst thought out piece of legislation for ages IMO.

If you are working more than 30 hours then according to govt guidelines, you are classed as full time.

Are they allowing you to work from home?

nojopo · 08/02/2007 19:37

am waiting to hear back on what i've asked for but as a few other staff already do a day from home it would be hard to say no on ths side of things i hope. i have the support of my line manager its just human resources will look at things differently and the hours thing will set a precedent...

OP posts:
Jobalus · 13/02/2007 14:58

UCM - interested to know why you think it's a bad law that you can't demand flexible working. How would eg train companies who need drivers at certain times cope if they couldn't oblige someone to turn up and drive a train at say 7.30? If everyone had the right actually to work flexibly whether it suited the employer or not, surely there'd be chaos? As it is the employer has to consider the request and there are quite rigid rules about the bais on which they can turn it down.

meb2006 · 13/02/2007 21:28

from what I have seen there are about 7 reasons they can turn down such applications but these reasons are very easy to bend and it is easy for firms to justify turning down applications (even huge well known firms who one would expect to behave better) even when new suggested arrangements would work easily but firms just not wanting to implement them.

CountTo10 · 13/02/2007 21:34

Could you make an arrangement re any extra hours you do? When I went back, I cut my hours from 37.5 to 27.5 so had my salary cut and became 'part-time'. I still do extra hours twice a month and I get an hourly rate for them - agreed instead of time in lieu or hours just expected of me etc.

nojopo · 19/02/2007 11:40

sorry not to reply , computer been on the blink. unfortunately the additional hours to be paid extra won't work as it's just an expected part of the job , memtioned in contract and varies wildly from month to month. sigh

OP posts:
fennel · 19/02/2007 11:41

According to the CBI 90% of requests for flexible working have been accepted - so good luck!

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