Fixed rota issue

[CakeWarrior]

Hi all,

Hopefully someone can help. I have had a fixed rota in place for quite some time at work, i submitted a flexible working request which was approved and i work set days each week. However one of the managers has now left and the other is now refusing to honor my rota and is claiming he "cant find any paperwork to state this has been agreed". I have shown him the last years worth of rota and my annual leave days off which all show my fixed days. Yet he is still stating he cant see where this was agreed. I have requested to see my personnel file where this will be filed and he states i cant see this. What rights do i have? I have paid and sort childcare for these specific days and cant suddenly change it on a whim and not know week to week what i am working. Im beginning to feel i need to go to the manager above but they will certainly not know about my rota as they dont come on the shop floor? Any advice will be appreciated. I wasnt given a new contract when my request was approved.

You’re definitely allowed to see you personal file. I don’t know about the other bits though. Sorry. Hopefully someone more useful comes along.

Even if there's nothing in the file if you have worked the same days over the period of 3 months your employer is legally obliged to then provide them as your permanent days unless agreed otherwise.

"If you have worked the same days over the period of 3 months your employer is legally obliged to then provide them as your permanent days unless agreed otherwise."

No idea where on earth you would have got that from, that's not true at all.

However, if someone consistently works the same hours for a significant period of time, it is likely that those will become contractual by custom and practice.

OP your manager not being able to find the paperwork isn't your problem. This is a change that has already happened and been in place for some time - it's not that you're claiming a new change was agreed.

Write to him stating that regardless of whether he can find the paperwork or not, you have been working these hours consistently for over a year, following a flexible working request, and these are now your permanent established terms and conditions. Your consent is required to amend those terms and conditions, and as your personal situation has not changed, you are unable to provide that consent at this time, therefore you will continue to work your current contractual hours.

Your union should be able to sort this for you.

As Flowery says, it's not really necessary for you to see your file or find paperwork but if you do want to see what's on your HR file you have the right to make what's called a Subject Access Request .

If you google it there's loads of info on how to do this and your employer should not charge you to action the request.

Airy why are you assuming the OP is in a union?

Under GDPR you are allowed to see all the data your company has on you, which obviously includes your personnel file.

If you're not in a union, this is a good reason to join!

There is something called custom practise. Which basically meanw if its been happeni g, its allowed fo continue xx

Thankyou all. No i am not in a union, but will join one this week for sure. I asked again today and was told "sorry thats not what was agreed" and then a do not disturb sign on the door the rest of the day. I have arranged all my childcare around this. He is refusing to change the rota and i feel i havent got a leg to stand on. There are multiple people on fixed rota and not one of them have had their messed about. I have waited a long time after asking and asking for this rota to finally get it and have it taken off me. How can i have one for this long then it suddenly not exist? Im hoping as i have had it it would have become a set contract due to the amount of time i have had that pattern? It doesnt matter "what was agreed", it states in the file my application was approved? Had a good cry on DP as i feel at a loss.

Oh OP didn't you ask for the agreement in writing at the time of the change? I'm sure you'll never make this mistake again but don't panic just yet. Join a union pronto and give them a ring - they'll be so well accustomed to these sorts of issues. In the meantime email your manage and copy in anyone else relevant to your situation (senior managers/ HR) reiterating your position. If you want help putting this email together please let us know but I would suggest politely asking that the relevant paperwork be located and as mentioned above make a formal request for access to your personnel file. The secret really is to copy in others, increasing pressure on your manager. It would be useful to be specific about when this agreement was made and with who etc.

OP why do you feel you don’t have a leg to stand on??

It was what was agreed and you have proved that with rotas etc. If your flexible working request hadn’t been approved you would not have been working it! Flexible working requests that are agreed are by default a permanent change to terms and conditions. So that’s that.

And even if your hours weren’t the result of a flexible working request and just happened informally, those would still be your established contractual hours due to custom and practice.

Do you have HR?

First off, if you requested Flexi working then there would be a copy of this in your p-file, a file that yourself and your manager has access to. You do not need to submit a request you can simply ask to see it.

If you have been working a set shift pattern for a sustained period of time, then your manager, out of courtesy should give you 28 days notice of this change. If your rotas a created a month in advance, this is sufficient time to allow you to change personal plans.

If you work for a large enough company (and the way you are describing it, you do), then there will be policies in place for flexible working, time and attendance, and grievance procedure.....ask for copies, or check your employee handbook.

If you never completed paperwork for Flexi working and it was simply a conversation that was agreed, then the previous manager didn't follow procedure and therefore the new manager does not need to honour it, because for all he knows, you're pulling a fast one.

If you can, can you not see if a colleague can swap shifts/days with you for the times that you need?

If you feel that he is singling you out, or that he may be fobbing you off, raise a grievance in writing to his line manager stating what the problem is, what has happened and what outcome you would like, what's the point in bomb blasting irrelevant people into an email, you will only peeve those people off with something that can be dealt with by one other person not a whole load of unnecessary people. It doesn't add pressure to the manager, it adds unnecessarily wasted time to other people when there are procedures in place for things like this.

Take it from a manager that has had to deal with all sorts of issues like this over the years and have helped many front line teams and new managers with issues

Thats great advice, thankyou. I wont go CC people into any emails if i do send any. I did follow procedure and it was all officially requested on the correct forms etc, it wasn't a conversation and it was changed. Thats why i am so confused as i went through the proper channels and wanted to ask advice from people much more in the know. I am worried about creating an atmosphere, and also if he will not change the rota what am i to do as i have no childcare arranged for my young DC's on the days he has changed without speaking to me. If i had been called into the office and asked "oh can you swap x day as we have a lot off sick" i would help, but this isnt the case and to claim my request was never there when it has been in place for over 12 months is boggling. Thankyou so much to everyone who has taken the time to reply.

He’s trying to pull a fast one l think. Your fixed shifts might be making putting the rota together more tricky. That’s tough and not your problem. It sounds like you have followed policy and got it approved. Not your fault if the paperwork has been mislaid. You have been doing for it god over a year and can cite custom and practice. Speak to HR as he doesn’t have a leg to stand on

Put in writing to him, I applied for fixed rota shifts via a flexible working request using the official documentation. Procedures were followed and I was given my request that has now been in place for over 12 months.

You are not permitted to unilaterally remove me from these shifts and I am unable to work alternate ones. I will speaking as a matter of urgency to HR and am unable to work shifts allocated on my non working days. I will be continuing to work my usual fixed rota of x y z as per my contract.

You need to put something in writing to him ASAP as you won't be turning up for shifts you can't do!

Make sure that the next time you are in, he takes you to the location of the p-file, don't allow him to bring it to you later that day (he may try to remove any proof that it has been agreed), you can view it any time you want.

Your best bet, although it might be a little stressful and you may feel like you don't want to do it, but raise a grievance against him giving the investigating officer (you will normally have an investigating officer conducting the investigation and then a different manager completing the hearing whereby a decision is made) copies of the past rotas you have and also if you have a copy of the original request for Flexi working, give them a copy of that too.

EL8888 might be right about troubles with trying to get a rota completed and therefore trying to fob you off.

Speak to your colleagues about swapping shifts (if possible, most companies allow it as long as the shift is covered by another person capable and trained)

As long as you raise that grievance, you state to the investigating manager that you can't work those shifts you have been put down for, you have mitigating circumstances if ever action were taken against you.

Absence due to childcare can be tricky for yourself and your manager to manage, but it has to be fair.

Good luck with it and I hope you get a resolve

” If you never completed paperwork for Flexi working and it was simply a conversation that was agreed, then the previous manager didn't follow procedure and therefore the new manager does not need to honour it, because for all he knows, you're pulling a fast one.”

Not true at all. Even if it wasn’t a flexible working request, those have been the OPs hours consistently for over a year so they would be contractual by custom and practice.

” Make sure that the next time you are in, he takes you to the location of the p-file, don't allow him to bring it to you later that day (he may try to remove any proof that it has been agreed), you can view it any time you want.”

Again, not true at all. Employees have the right to see personal data held on them, but that doesn’t mean they can demand instant access to their file whenever they like!

Contact ACAS, Free service for anyone. They will help you. I think you can call between 8-8 so hopefully you can get in touch with them today and they will get you on the road to fixing it.