Advice needed re instruction to complete flexible working request

[FloozingThePlot]

If anyone with a HR / employment law background could help me out here I'd be really grateful.

I work for a large employer on a 0.8 part-time contract. Custom and practice for the 5+ years I have worked there is that I've worked the 0.8 over 4 days. Usually the same 4 days, occasionally changing this to meet business need.

I'm now being informed that I need to complete a flexible working request to formalise my working 4 days a week. I genuinely do not understand why this is required (and am slightly suspicious!). I've read the organisational policy on flexible working and, from my reading, this states that a request would normally relate to a request for flexitime, part-time hours (increase or decrease), term-time only etc. I can't see any reference to needing to formally request to request to work a part-time contract over a proportionate number of days when compared with a FT contract.

Any advice?!

How bizarre.
You'd normally complete the request if you are changing your working days/pattern not when you are already working a set pattern. Do you have a contract and what does that say?

I agree that it is strange. There is no possible reason it needs to be done, but given my suspicious mind, I'd point out that they can refuse a request. I think I'd be minded to speak to the union if you are in one. If not I think I'd politely point out that you have a clear contractual agreement through custom and practice that you've worked a 4 day week for 5+ years, but you'll be happy for them to confirm this in writing if they wish to. But I wouldn't ask for what I've already got in case they refused.

It all depends on what your actual contract states. Is it 0.8 PT over 5 days, 4 days or just 0.8?

It sounds like they want to formalise your working days and non-working day.

Send HR a copy of your contract with a covering email confirming your contractual working hours & pattern and that you want to continue with this pattern.

Thanks for responses.

My reading of my org's policy is exactly as you say @dementedpixie - flex working requests are only made when there is a request to change the existing pattern. My perspective is that I have an existing pattern, built up through custom and practice, and there is no change to that proposed.

I have an equally suspicious mind, @Quveas. What I don't want to end up with is a situation where I make a statutory flex working request, which gets refused.

Contract only states 0.8@Foreversearch, nothing about working pattern / number of days this is spread over.

If anyone could comment on whether my custom and practice arrangement, without a formal agreement in place, is sufficient to constitute an agreed pattern that would be really helpful.

Not in a union - this is probably outing but the union in my sector is problematic (highly politicised and approaches to women's issues I find objectionable).

@FloozingThePlot even if your contract stated 4 days MTTF your employer could seek to vary it. They need to follow a proper process and have a business reason but they can still do it.

As your contract is so vague it is not unreasonable for your employer to want to formalise your working pattern. Yes, they may have ulterior motive. Start by writing to HR enclosing a copy of your contract, reference their request for a flexible working application. Then state as per my contract, copy enclosed, I am employed to work 0.8 of a Full Time Equivalent. I can confirm that my contractual working pattern has always been 4 days a week, these being (state usual 4 days).

Then wait for them to respond in writing - if they ask verbally, respond in writing asking for a written request asking why you have to apply for your contractual working pattern.

I think you might struggle with custom and practice as you say yourself it changes to meet business needs.

This is the TUC's take on c&p:

Some terms may be implied through custom and practice in a particular trade or with a particular employer. Terms can also be implied by the conduct of the parties, meaning that they act in such a way that suggests a term has been agreed.

For example, it may become customary (over a period of time) to leave early on a Friday, or to add an extra day to a Bank Holiday. In order for an entitlement to become established by custom and practice, it must be long-standing, uninterrupted, automatically received, expected and well-known.

It is not enough to show that something has happened for a particular length of time. Instead, an outside observer, looking at the behaviour of the employees and the employer, must be able to conclude that both parties must have intended their practice to be a contractual right or obligation, with legal force. This is very difficult to establish.

At the moment none of us, not even the op, know why they have asked her to complete a flexible working request.

My proposed approach is a polite response from the OP and puts the onus on HR to explain why they need the form.

This ensures the OP is not inadvertently being denied her employment rights.