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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:

Original poster

CycleWoman · 20/06/2019 17:34

Thanks all for the input by the way!

OP posts:

BlackAmericanoNoSugar · 20/06/2019 18:14

I think it's a bit shit of them to tempt you away from your previous job with the promise to match the working hours when it's pretty clear that they had no intention of keeping that promise from the outset.

flowery · 20/06/2019 19:18

”I said nearly exactly that in my second sentence.”

That’s why it was your first sentence I took issue with. I thought that was clear.

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

Ok fair enough. Unusual for MNHQ to provide someone with a link to Talk Guidelines unless they feel the person needs it, but I’ll take your word for it!

PregnantOnPurpose · 20/06/2019 19:21

I'm the same.
I started work having a Friday off, then they wanted me to have half a day Friday, that lasts a year, then back to a whole day friday as we were over staffed, that lasted 2 months, then back to half a day Friday, then it was half a day Monday off, now it's every other full Monday off.... except she always bloody needs me and doesnt let me know until the Friday. I'm so so sick of bending over backwards for them and being a push over. I just sont know how to put my foot down.

Daygals · 20/06/2019 19:23

They can't insist without "reasonable" notice, no. They can however decide that the pt arrangement no longer works for them.

It all depends whether their need for you.is greater than your need for them, as to who "wins" this one.

Daygals · 20/06/2019 19:24

Just realised Flowery has already replied. Listen to her!

PCohle · 20/06/2019 19:33

I think your approach - sitting down and having a frank conversation with them, is the best thing to do.

Hopefully the issue is just that they don't have much/any experience with part timers and need a bit of a kick up the arse about reasonable expectations of flexibility. It's likely they haven't put together how often you are being asked to change your working days.

LonnyVonnyWilsonFrickett · 20/06/2019 19:37

When I worked three days I'd regularly change days for big events, it was just part of the job really. But I'd claim childcare costs as well as taking a day back in lieu. The condition of doing so was always 'I'll do this if nursery can take DS for the extra day.'

It sounds like it's time to start being a bit firmer with them.

Original poster

CycleWoman · 20/06/2019 19:47

@PCohle I think that is it. I’m the first one to work PT and they don’t quite get it not my reasons for wanting to work PT. The other parents working there are full time and largely have a SAHP. So perhaps they were expecting me to have the same level of flexibility as those people (despite me telling them I don’t).

OP posts:

Original poster

CycleWoman · 20/06/2019 19:49

@PregnantOnPurpose sorry you are in the same boat!!

It is quite hard to be firm. It is also hard to say no without feeling like you have to explain yourself and justify it. Really you should be able to say ‘sorry, I can’t’.

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Original poster

CycleWoman · 20/06/2019 19:51

@Daygals what if they did decide the PT position doesn’t work for them? Could they just make me redundant or something? I have no idea.

We did have a conversation (by email) about when I might want to work FT. My response was that I had no immediate plans, their response was ‘fair enough, we may ask you in the future to work more days but you don’t have to say yes’. But lord knows if they would/have to honour that.

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Stripyhoglets · 20/06/2019 19:54

They can't insist - they are fixed days for you. I swap around a bit as mine are now older so I can but when they were in childcare i couldnt just swap around. Which some people couldn't get their head round, but luckily the boss did. Like you I was recruited to those fixed days so felt no guilt in saying i had to stick to them

Daygals · 20/06/2019 19:59

Yes, I believe so OP. We have the same situation where I work atm. One member of staff is being very inflexible about her hours but they don't meet the business needs anymore. Advice from our HR advisers is that we should give reasonable notice but that if she can't agree, her role in its current form will be redundant.

Original poster

CycleWoman · 20/06/2019 20:45

@Daygals thanks for that. I guess my ultimate fear is that they’ll decide it would be easier to have someone FT.

Ah I so thought working PT would be the best of both worlds! It’s way more complicated than I anticipated.

OP posts:

Invisimamma · 20/06/2019 20:58

You need to be firm on this. When asked to work a Friday you could say something like

'im sorry that won't be possible as Friday isn't my working days. Although if you need me for one off events on my non working days I will need 6-8 weeks notice to make appropriate arrangements'

Or 'sorry that's not possible my husband/mum doesn't have any annual leave left to cover that, given they did xxxxx date to cover last month change of days' (depends how much personal detail you want to give)

flowery · 21/06/2019 08:22

”what if they did decide the PT position doesn’t work for them? Could they just make me redundant or something? I have no idea.”

No. At one point that was doable but it’s now pretty established that you can’t do that. The definition of redundancy is a reduced or eliminated need for the function the role is performing. Wanting someone to increase their hours because there is more work doesn’t meet that definition.

As with any change to terms and conditions, it is possible to force an increase in hours, if there is a genuine business need and has been full consultation, all other avenues explored. But if the part time person still won’t, it wouldn’t be redundancy.

Original poster

CycleWoman · 21/06/2019 08:32

@flowery thanks so much for your comments. Really useful

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Mayday19 · 23/06/2019 23:57

This thread is really interesting. It doesn’t sound as if they thought through what employing you for those three days really meant for them, if they are not honouring them! I work part time and my employer is wanting to change my (I would say, established pattern) so that I have two mornings instead of one of my full days - this is totally not what I thought I was getting into when I went permanent part time and I will fight it but they may well win. That Acas link flowery posted is very useful for me too, thanks.

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