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Original poster

New manager - Could I get some help with this situation please

34 replies

user876009 · 26/02/2022 10:20

I have recently started in a new role as a manager. I manage a team of 5.
I have a member of the team who was diagnosed with cancer two years ago and when she returned to work she requested to reduce her hours to work mornings.
I have another member of the team who was working full time who asked to reduce her hours just before the previous manager left and he agreed to reduce her contract to work school hours as she has childcare issues.
My problem is now that I am short in the afternoons/evenings and need one of these two staff members to work these shifts.
I have spoken to both staff members the childcare one said there was no way around it she has to work school hours or she will have to quit. The other staff member got a bit upset and explained that due to her treatment she experiences fatigue in the afternoon, which makes her anxiety worse and she is worried about not coping at work.
Can anyone advise on what to do?
Thank you

OP posts:

bitchinofhitchen · 26/02/2022 10:24

Can you not use the money you saved due to the reduced hours / childcare issue employee to cover the shifts? Recruit a job share person?

Has the childcare issue person actually down a formal flexi work request?

TeaStory · 26/02/2022 10:26

Hire another person.

TeaStory · 26/02/2022 10:27

Bear in mind the person with cancer is definitely covered by the Equality Act, not sure about the person needing childcare.

Hairyfriend · 26/02/2022 10:28

Do you have a HR department or union? ACAS might be able to help.

Surely the childcare issue person knew the working hours when she joined, or have something happened that she suddenly doesn't have childcare elsewhere?

Original poster

user876009 · 26/02/2022 10:30

@bitchinofhitchen

Can you not use the money you saved due to the reduced hours / childcare issue employee to cover the shifts? Recruit a job share person?

Has the childcare issue person actually down a formal flexi work request?

@bitchinofhitchen Thats what I was hoping to do was hire someone for the afternoon shift but they were over hours with the old manager so now with the reduction the hours are correct. Yes it has been formally done.

OP posts:

NewYearEveryYear · 26/02/2022 10:30

You need another member of staff. Or to reduce the amount of work that needs to be done in the afternoon. There is no other way.

I'd be very cautious approaching anyone with contractually agreed shorter hours to work outside of their contract, or to alter their contract. That is an HR and legal minefield.

Do you have an HR team you can engage, and find out what the process is to open a new afternoon-hire?

TeaStory · 26/02/2022 10:31

You’ll have to hire someone else then.

Original poster

user876009 · 26/02/2022 10:32

@Hairyfriend

Do you have a HR department or union? ACAS might be able to help.

Surely the childcare issue person knew the working hours when she joined, or have something happened that she suddenly doesn't have childcare elsewhere?

No Hr or union

She has split from her husband and he no longer has the children

OP posts:

alwayslearning789 · 26/02/2022 10:41

You need another member of staff OP.

You need to make the case for this, as you have a clear gap which cannot be filled by the existing staff due to circumstances before you arrived and these are sensitive and legally protected HR matters at play.

The hours are not correct - they are under.

Either that or you have to stop something - you haven't mentioned what sector you are in, others with related experience may be able to add further once aware of what type of role it is.

bitchinofhitchen · 26/02/2022 10:46

If childcare person has changed their contract then you can't make them change back.
Cancer will be a disability and morning working os probably a reasonable adjustment that it's not worth arguing over.

So you need a new person, a reduction in work due in the afternoon or the rest do the team to restructure round the gap.

Wordlewobble · 26/02/2022 10:47

Is their no after school club the person with childcare issues can access it will cost her a little bit more money per week but its nothing like nursery costs.

Is the person with cancer still having treatment. I have cancer and another medical condition. I am better less tired in the earlier part of the day and it would be the time I would prefer to work but I was diagnosed over 5 years ago but am expected to pull my weight by doing full days in my team.

What about the other three members of the team?

Regularsizedrudy · 26/02/2022 10:51

Hire someone

Cuck00soup · 26/02/2022 10:54

As PP have said both employees are covered. One by an agreement, the other because of their disability. I'm afraid you're on a shrugly peg for even bringing it up with them.

If your budget doesn't cover additional staff, can you make a case for an uplift?
Can you demonstrate that the reduced hours available in the team are reducing productivity?

LefttoherownDevizes · 26/02/2022 10:57

Is redeployment an option, is another team can take one of your part timers and gives you a full timer so you're both only a bit under your hours?

And was the childcare a contractual change or was it unofficial?

Original poster

user876009 · 26/02/2022 11:01

@LefttoherownDevizes

Is redeployment an option, is another team can take one of your part timers and gives you a full timer so you're both only a bit under your hours?

And was the childcare a contractual change or was it unofficial?

@LefttoherownDevizes From what i can see with both staff members the hours have been changed and new contracts issued to state the correct hours they now work, but everyone is given the same contract that states they must be fully flexible and required to work when needed. Neither of them have a contract that states set working hours.

OP posts:

elephantmarchingin · 26/02/2022 11:08

If it has been formally agreed it is not a case of you can just switch back I'm afraid. You need to speak to HR

Unsure33 · 26/02/2022 11:09

You need an HR a company . Tell your managers to get one on board pronto .

Cuck00soup · 26/02/2022 11:10

everyone is given the same contract that states they must be fully flexible and required to work when needed.

But these two have new contracts and are protected under the Equality Act, seriously, don't go there.

Original poster

user876009 · 26/02/2022 11:13

@Wordlewobble

Is their no after school club the person with childcare issues can access it will cost her a little bit more money per week but its nothing like nursery costs.

What about the other three members of the team?

@Wordlewobble No after school club I think she finished her treatment just over a year ago but has to take medication to lower the risk of cancer recurrence.

OP posts:

FujiIX · 26/02/2022 11:18

You can do 2 things
Insist that they both work extra hours as per their contract, and recruit when they inevitably resign
Or recruit now for a person to fill the gap
I think it would be easier to do the later

formalineadeline · 26/02/2022 11:21

but everyone is given the same contract that states they must be fully flexible and required to work when needed.

One of them has a disability and needs reasonable adjustments under the Equality Act 2010.

You massively overstepped in putting pressure on that person by telling them you want to withdraw those reasonable adjustments.

Do you understand that a failure to make reasonable adjustments (ie withdrawing them) is automatically unlawful discrimination?

You are engaged in unlawful conduct. You owe them an apology and reassurance you have learned from your mistake.

So be a responsible manager and make the case to recruit to fill the gap. As a pp has said, the hours are obviously not "correct" or you wouldn't be asking to change them - and if these people work more hours you'd have to pay them more, so what's the difference from paying an extra person?

formalineadeline · 26/02/2022 11:21

*hours in the team are not correct

onepieceoflollipop · 26/02/2022 11:22

Check if there was a review date for the childcare issue person.
Where I work (NHS) there was an issue with people still on childcare friendly contracts with the ‘children’ now at Uni. Which was very lovely for the staff members who finished at 3pm to do ‘school runs’ that no longer existed. But a bit crap for those who had to cover more late shifts.

Now we have to put a review date for every flexible working agreement - typically annually - and we inform HR of this. Might not help now but might in the future when making agreements.

formalineadeline · 26/02/2022 11:23

@FujiIX

You can do 2 things Insist that they both work extra hours as per their contract, and recruit when they inevitably resign Or recruit now for a person to fill the gap I think it would be easier to do the later

Don't forget dealing with the court case for unlawful discrimination if you opt for the first pathway.

And then being dismissed for misconduct yourself.

TeaStory · 26/02/2022 12:17

everyone is given the same contract that states they must be fully flexible and required to work when needed

That contract can’t supersede the law.

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