Can employer change my working hours?

[anotherdamnname]

I work on a global team and several team members (and clients) are in the far East.

I've just had an email from one of the team leads (a peer, not my boss) saying that so we overlap more with Asia, we all now work from 7.30 Weds and Thurs. Current start time 9-9.30, my commute is an hour.

I've been pretty flexible so far and regularly do early calls when needed. However this feels like it's taking the piss. I work FT and hardly see my dcs as it is - this takes away 40% of my before school mornings with them. It also puts the onus of school drop off entirely on DH - he also needs the flexibility of an early morning sometimes.

Questions:
Can they do this? DH seems to think there is a "we can change anything" clause in most contracts these days, so they probably can. NB no one has said anything about a contract change, it's just a "the team is doing this now"
Shall I try strike a deal, say I'll do it but only if I can wfh those days? Or just flat no? Or suck it up?

bump - anyone?

Think employers can change working hours if the business needs. Usually a contract doesn't stipulate exact working hours for this reason just how many hours

What does your contract say about hours? How long have you worked there?

It says:
Your normal hours of work are Monday to Friday 9am to 5.30pm.
You may be required to work additional hours in order to properly perform your duties and/or to allow the Company to meet its obligations to its clients. You are not entitled to additional remuneration for hours worked in excess of your normal hours.

But they are talking about a long term change, not occasional overtime

Worked here just under a year

Ok well that is a contractual change then, and they do need to consult with you, seek consent etc. But as you’ve not been there very long, ultimately they could just dismiss you and then reemploy you on the new contract and there would be nothing you could do.

True, they could. I doubt they would try that though (I'm senior on the team and would kick up a fuss). I've done some googling and now also sure it's indirect sex discrimination as it affects women (more likely to be child carers) more than men. Going to have it out with HR tomorrow!

Be careful you have been there less than 2 years so have very little rights

I also wouldn’t go in all guns blazing about sex discrimination

You are not entitled to additional remuneration for hours worked in excess of your normal hours.

Is this legal? Surely not?!

Speak to ACAS.

Going to have it out with HR tomorrow!

Whoah, calm down. Someone who is not your boss has suggested you work earlier - so what? Why is that a matter for HR?

Why not reply to them along the lines of:

I'm not available to start 7.30am on those days but I understand your point about how we need to work better with the Asia Team. Here are my ideas: (Insert ideas that you have because you are senior member of the team with initiative). Happy to meet to discuss.

My DH has that kind of contract Chocolate, no set hours and no overtime - they get paid a salary to do the job. Much more common with senior posts. It is legal.

So are you getting away at 15:30 on the days where you have to start at 07:30? If so I wouldn't mind that- the commute would be quicker than getting in for 09:00. But if they're expecting you to work an additional 3 hours a week I would be asking when I would be expecting my pay rise or time in lieu.

You are not entitled to additional remuneration for hours worked in excess of your normal hours.

This is legal and very normal for high paid salaried positions.

Start earlier should mean you finish earlier ?? On a long term basis at the very least ..

I would bet they expect them to work until the same time in the afternoon/evening as well!

Is it a telephone call you could call in to remotely, OP?

Leghair - it's not a suggestion, they are going to change contract (HR have now confirmed). But they haven't given sufficient notice AND it is sex discrimination. I am going to talk to my boss too, and the person who sent the email, obviously.

I can dial in yes, so if they allow me to wfh those 2 days then I'll definitely consider it

Nb "have it out with HR" was bad phrasing on my part. Discuss in a calm rational manner I meant

”I've done some googling and now also sure it's indirect sex discrimination as it affects women (more likely to be child carers) more than men.”

Do you disagree that there is a business need then?

You are not entitled to additional remuneration for hours worked in excess of your normal hours.

This is a fairly standard situation - in the CS, my part at least, the more junior posts get paid overtime, the middle and senior posts get paid a salary. Makes it very hard to sort work life balance though as there's this expectation you will just do more hours. Which is ok, up to a point, and often you can be more flexible about when you do you hours in return, but when there's shortages of qualified professionals, and everyone is working 2-3 jobs each, it's not much fun and affects women the most.

Nb "have it out with HR" was bad phrasing on my part. Discuss in a calm rational manner I meant

That does sound like a better plan. If they have already confirmed they are going to change your contract, take a read of this:

m.acas.org.uk/index.aspx?articleid=816

Although be aware you don't have enough service to claim unfair dismissal and sex discrimination is very hard to prove.

Do you disagree that there is a business need then?

Yes, because we've managed to do business like this for several years and nothing has changed. Sex discrimination is hard to prove but "objective justification" also very hard to prove.

NB, I am not planning to either quit and claim constructive dismissal or take them to tribunal for discrimination - just want to point out to them that the policy that they (i.e. people without kids) are putting in what they see as a non significant change, is significant to those with childcare responsibilities and that disproportionately affects women. As a company they talk about equality, so they need to put their money where their mouth is.

Having managed for years like you were before doesn't mean there's no business case for change now though.

By all means raise it with them though; negotiate, make alternative suggestions to achieve whatever it is they have decided the business needs to achieve.

I've worked in companies where hours have changed. However, 30 days written and verbal notice was provided.

Have you considered moving to another company? I had a similar situation so I voted with my feet, found an alternative employer who agreed to a more “flexible” arrangement ie any additional work was done at home and didn’t exceed WTR. I’m on the same salary but so far so good. If you have the skills and the appetite you can look at alternatives. Just a thought x