Flexible Working

[Jenbobber]

I submitted a flexible working application to my work, requesting to continue to work my full time hours but to condense them over 4 days instead of 5. I cited childcare availability and cost, as well as work-life balance as the reasons for this.

Prior to going off on maternity leave I often had to work late to join meetings or follow up with colleagues in US timezone and so I stated that by working later into the evenings on the 4 days this would enable me to have more overlap with the US and support that work without the need to work overtime (unpaid).
I also listed several ways I would mitigate the impact to my colleagues/the business.

After 6 weeks of following up on my request I have finally received a response from the global head of my department stating "At present, we are really busy with many staff working longer hours and we have opened an even larger number of PM reqs to significantly increase our numbers. Bearing that in mind, we feel the time is just not opportune to approve your request at this particular time. That said, we’d be willing to re-visit early in 2023 and at that time, wonder if offering this in conjunction with a buddy might be a good way forward. This would mean the 2 parties would cover for each other on the ’day off’.

In the interim, we’d suggest a 4 day week based on std hours while you set settled back in and then review the compressed / flex week late in Q1 / early Q2.'

I've asked for clarification as to how a 4 day week based on standard hours would work - are they saying I'd need to reduce my hours or that I'd have to use holidays to do this. However, I think this may be a typo and she means 5 day week and basically that my request for a 4 day week has been denied.
If that is the case, I'm not sure that the reason stated falls within the reasons that a flexible working request can be denied..?

I really feel that if I go back 5 days, although they have said they will revisit it the liklihood is that they will not let me reduce it to 4 days as 3/6 months after my return I'll have a full work load with clients that are then used to me being available 5 days, who won't be happy if that is reduced to 4 days - I believe the only way it would work would be for my clients to know from the outset at my return that I work 4 days.

I'm also really disappointed with their response as there are several of my colleagues who have been granted flexibile working patterns. I spoke to some of them to get feedback on how they make it work and included this in my application.
I'm really not sure what my next step should be. It's really not feasible for me to return to work and continue with the working pattern I had prior to my mat leave. Part of the reason I am asking for condensed hours is because I was already working my full time hours over 4 days prior to my mat leave, and so the 5th day was essentially unpaid overtime.

I don't think it's a typo. I think they want to squeeze unpaid overtime out of you.

I have done the return-to-work thing, and seen many mums do it, and it varies hugely from employer to employer. In my personal experience mums have to quickly become extremely good at enforcing boundaries. So you do your standard hours but you put strict limits around what overtime you will do for free. When you're at work, you are absolutely ruthlessly efficient but when you are not working, you are totally offline. Usually this works.

I think you should reply that you are disappointed in the reply, but would like to take up the offer of a return to work on a part-time basis doing only 4 days per week, and ask for a letter updating your contractual terms accordingly.

Then you MUST strictly defend working only your part time hours; don't let it creep up to full time for free. Block out your day off on your work calendar. Don't ever accept a meeting on your day off or a call out of hours with the US. Simply withdraw the flexibility you were previously willing to offer them.

Then I think you should also start looking for another job.

Yes I agree with the above poster. I also agree you MUST be strict with your hours if you accept the part time contract. Otherwise you are working for free.

You need to stop doing unpaid overtime. There is no incentive for them to reduce your days down to 5 as they get all the extra long days out of you already for free

Yes it’s totally legal (unfortunately!), they are only under obligation to consider your request. I had exactly the same and cited the same reasons as you for the compressed hours. Their rejection was permitted (as I think yours is) under detrimental effect on the business. I wasn’t even offered 4 four day pro rata. I would confirm that they mean a four day pro rata with standard hours and do that in the interim if possible. I was informally told that companies don’t like compressed hours (why would they if they can get women to do a full time job and pay them for 4 days), and they think everyone will want to do the same so nobody will be in Fridays! It’s a real shame.

I would also accept part time hours but it’s important to note that once they have reduced your hours they are under no obligation to give you full time hours again.

They are saying that they want to pay you 80% of your normal salary to work on 4 days rather than 5 rather than 100% of your normal salary.

Tbh if company culture is such that everyone is doing unpaid overtime then condensed hours like this can't really work. Effectively you could have two people both working 8am to 18:30 and both at the same grade but one is being paid for the extra time due to a condensed working agreement and the other is getting paid less for doing the same work. That's not fair. It's shit employment practice for them to be exploiting the workforce like this but at least they are doing it consistently. You need to move to a different employer where you aren't automatically expected to do unpaid overtime, and ask for a condensed working week there.

TBH, I'm not surprised. I'd agree 4 days for most of my staff, but I'd be reluctant to do compressed hours in an environment where everyone is working long days. I absolutely agree that shouldn't be the case and I would encourage my staff not to do it, but you can't expect full pay for what is essentially PT working.

FWIW, when I worked in that culture, I was very strict to only do my contracted hours and it never did me any harm.

You shouldn't have put childcare cost and availability into the request, that is nothing to do with the business and the FW has to work for the business. Assuming you are salaried overtime isn't a thing. Most people do more than their core hours.

They want to pay you for 4 days for 4 days work, so your salary will be reduced by 20%, as will your holiday etc.