flexi hours claim refused 2 weeks before returning from maternity leave

[elsa12]

Hi,

Can anyone please suggest me anything regarding my problem?!
Ive been with this company for 5 years, 4 in my current job. After my mat leave 1 my line manager was very helpful and sorted out me going back on less hours then before mat leave 1(referring to the comp's flexi hours policy). Now, I'm on my mat leave 2 and I gave HR and my line manager (same person as before) 8 weeks notice of me returning to work officially mid Dec ( will take holidays so wont be actually returning to work until mid Feb 2017). HR sent me a confirmation of my return to work date and asked me in the email to discuss with my line manager the weekly hours Im going back on. Also told me in the same email that if my hours changing than my line manager would need to notify HR about this.
I emailed my manager and asked him to let me know if my new suggested working hours (30 h per week for the max. length of 18 months) were not possible. He never got back to me so I took it as everything was fine as he had always verbally reassured me that I would be able to go back on whatever hours I wished to do. I saw him a couple of weeks ago when he told me he was retiring and I asked him if everything was ok with my suggested hours as I hadn't heard back from him. He said he didn't email as everything was all fine.
Since then, my line manager retired and a new manager took his place. The managers of our new manager told her that it was out of question for me to go back on the requested 30 hours as there had been a decision to not let anyone work other than 18.5 or 37 hours on returning from maternity. When I asked for the policy which states this 18.5/37 hours(as the company have a clear flexible hours policy in place saying that it's up to the manager's discretion what hours can someone do on return) i was told via email by the manager of my manager that it had been decided on the higher levels of our department (due to business reasons)bit it's not in writing. He also wrote me that as my 30 hours working had already been verbally accepted by my retired line manager, as a good will's gesture, my 30 hours were honoured for 3 months but then I will have to decide whether going on 18.5 or 37 hours. I will appeal against it but Im just wondering if it is actually possible for them to refuse my requested-accepted(?!) working hours considering its 2 weeks before my official return. (Im also not sure if my retired line manager has actually notified HR about my new working hours.)
Please give me any advice!!!
Thank you!!!

Oh dear. Sorry to say it sounds as though your outgoing manager has been more than a bit careless to put it politely. Or else sold you well and truly up the river!

I would say that anything agreed verbally, but not confirmed, with the outgoing manager is worthless, and to forget that. If it's not written down, it doesn't exist - generally a good rule to work with in business.

As for this decision about only half-time or full time working not being in writing - I think you need to question this with HR. I don't think a company can just decide ad hoc to have such a policy but not formalise it in a published policy. Of course if they do decide to make it a formal policy there's probably not much you can do. It's very, very easy for companies to come up with "business reasons" for refusing flexi requests unfortunately.

I would go back on the reduced hours, work on an appeal and also work on a Plan B - can you manage on half-time (financially) or full-time (childcare)?

What were your hours immediately before going on mat leave?

Thanks for your answers. Basically tjey higher manager says that it is not in writing as it was a decision made by the directors.. I find it very strange too considering im appealing against something which seemed to have been pulled out of thin air..I feel like saying that if they haven't got it written down but still counts then I have my manager's word for 30hours, also not written down, so that counts then too?!!
I was on 36 hours before going on mat leave but they say it should have never been allowed as it was either 18.5 or 37 hours. So I should have done 37 but my manager did let me do 36..

You don't have anything in writing at all? Did your pay change to reflect the new hours?

Oh I would definitively speak to your union about this.

Did you make a formal application stating it is a statutory request? There is a limited criteria by which a flexible working request can be declined.

My pay hasnt changed yet as im still on mat leave so im only getting the statutory mat pay.
Im not a union member but already spoke to Acas and CAB..all i can do is to appeal and then the grievance procedure..