Can flexible working just be changed by employer?

[PuffyPuck]

I’ve been working full time over 4 days for a couple of years. I used to do fewer hours over those abc then moved onto full time over those same days.

I’ve found out recently that there could be a review of all flexible working and I’ve to present a proposal on how it’s working for me/my employer.

I thought this was supposed to be done when putting the request in? Is it supposed to be reviewed every 6months?

I’m classed as a carer for my autistic DS and tbh, nothing has changed that would justify removing my flexible working. Our team has enough cover throughout the week. We work on our own projects but others can provide answers to queries, whenever, etc.

It might come to nothing but I’d like to be prepared, if it does.

If it was formally agreed then technically it is a permanent change to your contract. But in reality, employers can often get away with things if they are clever enough to colour within the lines. So in your shoes I would focus on getting the first step right and putting together a strong case about why it works for you and the employer. Worry about what might happen when it happens. There would be so many variables that might happen that you couldn't possibly be prepared for them in advance, and you will just work yourself into a frenzy trying to do that

I disagree with the above advice. These are your agreed working hours, you do not need to present a proposal on how they work. I would refuse. If they want to change your hours, then tell them they can make a presentation to you and if they make a good case you will consider it.

I think it depends on what the purpose of this is.

It sounds like all flex working arrangements are being looked at not just yours?

It could be that their aim is to see what arrangements are currently in place and how well those various arrangements work so they can better offer arrangements in future. Some they may even adopt as a standard available everyone

Employers can make changes to contracts

they can and do frequently but they have to give you notice.

While it is a permanent change to your contract it can be reviewed, depending on what your employment ts and cs say.
Our flex working requests can be reviewed after a year to check it's still working for the business. If it's not a discussion will be had. Ultimately if an agreement can't be reached they could make the flex working position with the altered hours redundant and replace it with one for the hours they want covered. This wouldn't be illegal, provided the correct process was followed.

For example my work place is open 24/7, it never closes, not even at Christmas. If someone agreed flexible working to work weekdays only during school hours, this may not work for the business long term, particularly if they find themselves short staffed. Usually what happens in that scenario is they offer the person the same shifts and hours as everyone else, if declined they move the person into a different role on their flex hours (with their agreement obviously). The new role may not be the job they actually want to do, but it's their choice. The alternative is redundancy or leaving.

Have the discussion, prove it works for the business, be open to suggestions, don't just focus on how it works for you. If it starts to get ugly, consult your union.

That will be the fastest route to having a change imposed without any further discussion on the matter - as has been noted by another poster, contractual changes can be forced on people without their agreement. If the employer chose to do that then it should be noted that such cases are frequently lost at tribunal, and when the employer goes into the court of law and says "well, we consulted with our employees and we gave PuffyPuck the opportunity to discuss their position just as we gave everyone else the same opportunity, but they refused to participate" your case will be flushed straight down the drain.

My workplace has standard flexible working hours with core hours 9:30 - 4pm, offices are open 7-7. There’s really no reason my working 4days would be detrimental.

I would be interested to see what points they would want to raise in support of this.

To answer a previous question, yes it is supposed to be all flexible working arrangements across the organisation

I work in an email organisation that prides itself in providing flexibility and supporting employee’s wellbeing.

So isn't that what you need to say? Just because they are reviewing it does not mean that they are going to change anything for you, nor does it mean they have any ill intent. They have not, from what you have said, indicated that they intend to change anything or force any changes on anyone, so you are assuming that they need to have points to support the review - although employers really don't need to give you a reason for them reviewing anything!

Have you considered that maybe the reason for this is that a number of people who have had changes made in the past want to revert back to the original terms (that often happens when women want to return to full time hours as children grow up) and they just want to see how that all slots together in terms of making sure the business needs are met?

You are assuming the worst, and expecting them to have to justify doing something that they haven't even said they will be doing.

Of course it would not! Employers cannot unilaterally change the terms of employment. Damn sure I am not going to go to work and make a presentation about why my standard agreed hours shouldn’t be changed. It is absurd.

Employers cannot unilaterally change the terms of employment

Yes, actually they can. They must first consult about the changes and offer the employee(s) the opportunity to comment on the proposal. If the employee disagrees then the employer can either decide to leave it alone; or they can decide to impose the change by (a) serving notice under the existing contract and (b) simultaneously offer the new contract to the employee. The employee then either accepts it or they are deemed to have resigned at the end of their notice period. It is one of the occasions where an employee is then able to claim unfair constructive dismissal. Which is a hard claim to win, but they are entitled to claim.

Please don’t tell people that things can’t be done when they absolutely can be. They have a right to be FULLY informed as to their options and the risks they may be taking before they decide upon a course of action. Because it won’t be “absurd” when you are told by a tribunal that you had an opportunity to engage with the employer, you chose not to do so, and so that is the reason that you have no valid claim to unfair dismissal.

OP, despite what some people think, the law is still heavily on the side of the employer, and you think otherwise at your peril. Don’t take my word for it. And don’t trust ACAS either. If you are going to put your job on the line ask your union for legal advice, or consult an employment lawyer.

My gut feeling is that it’s one of those things that’s been passed down too quickly before the decision has actually been made to carry out a review.

Of course, if I’m told, the review is about to go ahead, I would present my pov ( in terms of how it impacts me personally and the business). Why would I not?

If anyone has actually has this happen to their contract, I would really appreciate it if you could tell me how they went about it.

A flexible working contract cannot be changed without the employees consent.