Change to working pattern

[fikel]

Since I came back from maternity leave 12 years ago it was agreed I could drop my hours and work fixed nights due to childcare issues.
My manager just suddenly announced that it wasn’t working and I will have to change my working pattern. She knows this would be impossible because of childcare. I have been asked to put in a request for flexible working for the first time which I know they will refuse.
Any advice much appreciated

Do you.mean 12 years or 12.months?

Hi I came back from maternity leave in 2006 and it’s been fixed since then. I have just been asked yesterday to put in a request for flexible working for the first time ever. I emailed my manager and the area manager asking for a formal meeting and that I’m feeling stressed as I don’t know what is going to happen. She replied but didn’t acknowledge that I had requested a meeting at HO but said after speaking to HR I need to fill in the request for flexible working

Does your contract state nights?

Maybe after 12years she assumes your childcare requirements have changed?

The job involves nights and the manager knows I will have issues leaving my daughter alone

Hoping that someone who knows about employment law might be able to help. I have already spoken to ACAS who were v helpful but I guess my main question is because I have worked this pattern for so many years it would now be considered as custom and practice

Custom and practice is a very grey area and usually refers to things that happen in the employer, soinger lunches every Friday, always getting the Monday off I'd you work the Saturday etc. They are less useful for individuals.

However a contract can be verbal, no need to be written. No need to put a flexible working request in for a pattern you already work. Any temp contract becomes permanent in the 5th year.

In part time cases where people work particular days, usually the employer can change unless specific days are agreed in contract. So here could argue that nights only were agreed. But if only a certain number of hours were agreed, might be tricky.

But an employer can change contractual terms as long as they consult, have good business reason and give plenty of notice.

Thank you, I’ve also been told there could be grounds for direct and indirect discrimination- based on having a dependent under the age of 17. I really would be forced into a corner if my nights had to change and would have to leave. I don’t want this to happen obviously.
So I should just reply that I’m not filling in the request as it’s already in place?

What does your contract say? I work for the NHS and most contracts for shift based jobs are very open and say 'shifts over 7 days/ 24 hours a day' even if you usually work a certain shift. That might be your stumbling block if your contract is similar.

The Rota usually is on a 3 week rolling rota

Although doesn’t actually state this in the contract, I was TUPE over in 2002 from the NHS to the organisation I now work for

But a contract doesn't have to be written. If you verbally agree a variation of your contract with the employer, then that becomes part of your contract. Although harder to prove. Do you have anything in writing about the nights? Emails etc

No when I changed my hours it was all just done verbally

If you came back from maternity 12 years ago, i'm struggling to see what childcare issues you will have? Surely your child is in secondary school now?

A flexible working request is a request to change your hours. You don’t wish to change your hours so don’t fill in a flexible working request,

I work nights and it would involve leaving my daughter home alone

A flexible working request is a request to change your hours. You don’t wish to change your hours so don’t fill in a flexible working request,
Thank you

However an employer can reassess the needs of the business and alter working hours. No idea re legality but I've seen it numerous times. Usually when they want to get rid of someone. A job staying the same for 12 years is good going in my experience. Sorry that's not very helpful.

Yes I definitely think my manager wants me out, to be fair though there is a massive staffing crisis and we have had around 8 people try to work there and leave. It’s been massively stressful. I don’t want to have to go down the constructive dismissal route. I’m going to email my area manager again and again request that we have a meeting

How old is your daughter? Perhaps they think that childcare isn't an issue any longer.