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Original poster

Being asked to swap working days

43 replies

CycleWoman · 19/06/2019 07:45

I’m just wondering whether anyone else has experienced this and if you have any advice on how you handled it!

I started my current role about a year ago, 6 months after returning from maternity leave. Current employer headhunted me and offered the role. I had agreed to work three days a week (mon, tue and wed) with my previous employer so when they offered me the role I said I’d be happy to take it but I could only work those days and it wasn’t very easy for me to be flexible about them due to childcare. They accepted my limitations and I took the job.

It’s been fine so far but over the last few months they keep asking me to change my days, for example tue, wed, fri or go on a business trip from mon to fri. In most occasions I have done my best to accommodate them but honestly it’s a nightmare! Either my husband has to swap his week around (he is also PT) or I have to ask my mum to take holidays and come and look after DS. Our childminder is full on the other days so she has no extra space for DS.

They asked me to switch days again next week and this time I said I was sorry but I couldn’t do it. Now they are insisting!

Can they do that? If my working days are in my contract do I have any rights to say no?

OP posts:
MrsElijahMikaelson1 · 19/06/2019 07:49

Don’t think they can insist no-in order to change your working terms and conditions you need I think 12 weeks notice-and not for them to changing them on a weekly basis! They are CF I think and taking the piss.

Belleende · 19/06/2019 07:51

In the flexible working agreements I have we ask employees for reasonable flexibility in return. If there is a major event or conference on their non working days, we would expect them to swap (with reasonable notice of course). Flexibility goes both ways I am afraid.

Chasingsquirrels · 19/06/2019 07:54

She hasn't got a flexible working arrangement though, she has got a fixed working arrangement.
It is no different to asking a full timer to swap some of their working days to the weekend.

HoneyWheeler · 19/06/2019 07:54

It sounds like you are trying to be flexible in return but with kids you just can't change things very easily. They can't insist and I would encourage you to keep to your personal boundaries of what you can manage with your family.

MrsElijahMikaelson1 · 19/06/2019 07:55

She hasn’t got a flexible working contract though-it’s fixed Mon/Tues/Wes

Original poster
CycleWoman · 19/06/2019 07:56

@Belleende thanks for your response. I agree it has to be a two way street. So I’ve accommodated all (but one I think!) of their requests. Which in the last few months have been numerous.

Out of curiosity what would you consider reasonable notice? I got asked yesterday to swap next week.

OP posts:
Original poster
CycleWoman · 19/06/2019 07:57

@MrsElijahMikaelson1 correct my days are in my contract

OP posts:
Original poster
CycleWoman · 19/06/2019 08:01

@HoneyWheeler thanks for your response.

Totally, I think I’ve been possibly too accommodating so far and perhaps should have made those boundaries firmer.

OP posts:
flowery · 19/06/2019 08:01

Is there anything in your contract about being flexible.

If not, then your days are no easier for your employer to insist on swapping than they would be for a Mon-Fri full timer they suddenly wanted to work a Saturday.

Original poster
CycleWoman · 19/06/2019 08:09

@flowery no nothing about flexible working.

Tbh I’m the first person they have had working PT so I’m not sure they get it. Friday is just another working day to them.

OP posts:
flowery · 19/06/2019 08:26

”Flexibility goes both ways I am afraid.”

OP doesn’t want flexibility though. She wanted fixed days, and was clear that being flexible was going to be difficult. Her employer agreed.

She’s not asking them to swap days and be flexible, it’s all one way.

Stick to your guns OP. You’ve been clear about your limitations and no flexibility was required/agreed when you were offered and accepted the post.

Isleepinahedgefund · 20/06/2019 06:42

my understanding is that Flexible working doesn't mean being flexible about when you work, it means things like working from home one day a week, compressed hours - not randomly changing your fixed days at short notice at the whim of the employer!

I have a flexible working agreement (3 days in the office, 2 at home) for childcare reasons and it's very hard for me to change up my days at short notice. There is also no expectation/requirement for me to do so.

You don't have to accommodate their requests, but to be honest I think you may have created yourself a bigger problem by doing so to date.

flowery · 20/06/2019 12:01

”Flexible working doesn't mean being flexible about when you work, it means things like working from home one day a week, compressed hours - not randomly changing your fixed days at short notice at the whim of the employer!”

Exactly. Flexible working is a bit of a misnomer really. Many employers don’t seem to realise that terms and conditions agreed as part of a ‘flexible working’ request are permanent just as anyone else’s terms and conditions are. Some employers still seem to think ‘flexible working’ arrangements can be revoked or varied whenever they like. Not so!

AnthonyCrowley · 20/06/2019 12:15

Well legally they can unilaterally change your contract without agreement but need to give 30 days notice.

I'm no expert but an ex employer did that to me and the union said they were allowed to.

flowery · 20/06/2019 12:19

"Well legally they can unilaterally change your contract without agreement but need to give 30 days notice."

Sigh. No. That's nonsense.

"I'm no expert"

Don't give legal advice then.

Here you go

AnthonyCrowley · 20/06/2019 13:48

I'm not giving legal advice, I'm relaying personal experience as I was told by my union rep who was supposed to be a legal expert.

AnthonyCrowley · 20/06/2019 13:50

Oh and acas agreed with my regional union rep and said there was nothing i could do.

flowery · 20/06/2019 16:15

You said "legally they can unilaterally change your contract without agreement but need to give 30 days' notice. "

If you had purely be relaying your own experience, you would have said "My employer gave me 30 days' notice of changing my contract and my union rep said that was ok" -which is entirely different.

I have no idea of your circumstances, it may have been that due to the change they were making, the circumstances they were making it in, the wording of your contract, your length of service, any number of things, that there was nothing you could do about your employer's change.

That doesn't equate to any employer being able to change any terms and conditions they like with 30 days' notice, and it's completely irresponsible to state that is the case, just because that is what happened to you.

AnthonyCrowley · 20/06/2019 16:46

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

flowery · 20/06/2019 17:08

Ooh I wonder what I missed?! Grin

AnthonyCrowley · 20/06/2019 17:10

If you had purely be relaying your own experience, you would have said "My employer gave me 30 days' notice of changing my contract and my union rep said that was ok" -which is entirely different.

I said nearly exactly that in my second sentence.

AnthonyCrowley · 20/06/2019 17:11

I don't think you missed anything at all Flowery.

Original poster
CycleWoman · 20/06/2019 17:15

@Isleepinahedgefund I accommodated their requests to show some willing I suppose. I felt a bit on the back foot as a part timer who is out of the door on time to pick up the kid (although I do start very early) in a company full of people working 10 hour days and working at the weekends.

Feeling a bit like a square peg in a round hole in this job. Perhaps the culture isn’t quite right for me (although choice is limited as I work in a very niche STEM field).

@AnthonyCrowley Well legally they can unilaterally change your contract without agreement but need to give 30 days notice

To be honest if they asked me to change my contracted days legally and permanently I would probably be less annoyed than what is currently happening. But they aren’t doing that

OP posts:
BlackAmericanoNoSugar · 20/06/2019 17:27

Can they replace you easily? I'm guessing not very easily if they head-hunted you. If you think that you're difficult to replace then say to them "You head hunted me and at the time I was completely up front about my available working hours and took the job on your acceptance of those hours. If you are finding that this doesn't work for this company, despite what you originally agreed, then tell me now so that I can get my CV out. If I'm going to remain working here, which would be my preference, then I want to stick to our agreed working hours"

It's a bit of a risk, but if it was difficult to recruit someone to your role in the first place then they will be reluctant to go through the expense and effort again so soon.

Original poster
CycleWoman · 20/06/2019 17:34

@BlackAmericanoNoSugar you’ve pretty much just typed out the speech I’ve had going around in my head for the last few months!

I would love to. Although I’m quite hard to replace I would find it almost impossible to get another job, especially working PT (and they know it!). But it looks like I’ll have to sit down and have a frank conversation which includes the first part of that speech (their expectations and my limitations).

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