Advice needed regarding revoking of flexible working arrangement.

[Pastarasta1]

Hi all, am need in some urgent advice regarding a situation that has arisen today.
I work in the NHS in an administrative role.
For the past two years I have had a flexible working arrangement which allowed me to WFH two days a week.
I am also a single parent to a young child in primary education.
As of this week, our employer has decided to revoke ALL WFH for our team except those covered under the Equality Act 2010 (i.e reasonable adjustments/passports)
I am not part of a Union.
My argument has been that as a 100% lone parent, I cannot physically do the 5 days in the office because of my childcare arrangements not being available to me on Monday and Friday.
In addition, I have mentioned I also basically won't see my child and she will be in clubs 5 days a week if the requirement is made to be in the office 5 days a week.
I will either be in a position where I need to drop down to part time hours or that I need to leave my employment.
I just want to know where I stand?
I understand that being a single parent isn't a protected characteristic but is there any element of indirect sex discrimination going on towards me as I am a woman/lone parent/main breadwinner as a result of not being allowed to work flexibly?
My contract states my place of employment is the main hospital building I work from, however I have had an informal flexible working arrangement for nearly two years.
Any advice would be great.

@Neriah that is an excellent post.

GAD is not a disability and isn't classed as one legally in instances such as this.

I also have GAD and other MH diagnoses and my flexible work appeal was declined.

Your childcare issues are not your employers issue

This is not indirect sex discrimination

Your contract states that your place of work is in the hospital building, so it's completely reasonable for them to expect you to go in - lots of companies are now calling employees back into the office

You can put in a flexible working request, but there may be business reasons that this will not work for them

Do they know that you are working while looking after your child?

This thread has become somewhat a drip feed. There are a number of issues

1. Why was a decision made to revoke all WFH except for the protected group?. My experience is more staff being virtually forced to WFH due to lack of space even though some don't want to!
2. When you had the flexible working agreement agreed, was this built into your contract. It shouldn't have been, but many HR depts are useless and if it has been then your rights are different. It cannot just be stopped without a formal process including consultation with you. Even if not contractually, the arrangement should not have been just stopped with no notice. Notice and rationale should have been given.
3. I agree with the PP about GAD and wider disorders. Just having one isn't necessarily a disability so going down that route will involved evidencing impact and also why WFH improves it. Ironically also working in the NHS at senior levels and discussed some of these with consultants, the opposite is frequently true that being in the office can help and not hinder so be very very cautious before starting down this route as it could bite you.
4. The reality is that as another PP has said, this is purely about childcare. You know it and your employer does so you are better sticking to that and being honest.

Frankly will they really want to lose you? Experience for me is recruitment at lower and mid levels in NHS is very difficult except for applicants from foreign countries seeking visa sponsorship. Is the service being reconfigured or something?

OK great so you have an agreed formal flexible working arrangement.

As PP have said, if your employer wants to vary this they need to give notice at least. I believe they also need to demonstrate why the flexible working arrangement is no longer meeting business need. If you can demonstrate that you are meeting all your targets what evidence do they have that your flex working arrangement is incompatible with business need (make sure you have downloaded any evidence you need for this eg records of performance reviews).

Lots of posters on here stomping in saying how ridiculous it is that you want to work flexibly. The reality is that many employers recognise that they need to offer this if they want to attract and retain talent from a range of backgrounds. So if eventually you aren't able to come to an agreement with your employer there will be other options for you.

Is your role clinical? Or specific to health are? Might you be employable by private providers or be able to transfer your skills to other sectors?

You have a full time job so need childcare to cover it use registered care and claim UC or tax free ....most working parents don't see their children while they are working.
It's probably the people doing what you're doing that have caused the change

Who has your 5 year old when school is closed?

OP as I mentioned before speak to ACAS or Citizen Advice. People who actually know employment law.

Also do a search for indirect sex discrimination cases. You should come up with examples of women who challenged blanket policies in the workplace that ruled out flexible working.

The test for indirect discrimination considers whether the employer applies a provision, criterion or practice (PCP) that puts someone with a protected characteristic at a particular disadvantage compared with someone without that protected characteristic, and that includes gender.

Tribunals have accepted that women usually carry the burden of caring for children and that these blanket policies affected them more than their male counterparts.

I think it is really better for you to speak to organisations that can support you as some of the advice and criticism here is really off.

There seem to be a lot of random anti-WFH rhetoric from some people who seem their opinion and prejudices matter more than the actual law. That isn't the case.

I don’t think the OP means that her request for flexible working was approved and actioned, only that she has made a successful application -ie, put in a formal request through the right channels on the correct forms.

OP as I mentioned before speak to ACAS or Citizen Advice. People who actually know employment law.
Ha! Want to know how often they don't? Neither "know" employment law - most advisors read from a script and are not qualified in any form of law. I am not a lawyer, but have 40 years of training in employment law, and have participated in hundreds of tribunals including being the sole representative. Which doesn't mean that I am always right because people give selected information on these sites. And because if there was only one answer there would be no lawyers. But I "actually know employment law". And it's insulting to be so nasty about people who don't agree with you, and your best advice is to send someone to consult organisations with dubious qualifications themselves.

If the OP wants legal advice, then it's a lawyer they need.

@Startingagainandagain agree with this. Although it's sex not gender. Gender reassignment is one of the protected characteristics, but we're talking about indirect (biological) sex discrimination here.

You're wrong, that's not how the legal definition of disability is determined.

It's entirely possible that GAD would be legally classed as a disability.

@Neriah

''OP as I mentioned before speak to ACAS or Citizen Advice. People who actually know employment law.
Ha! Want to know how often they don't? Neither "know" employment law - most advisors read from a script and are not qualified in any form of law. I am not a lawyer, but have 40 years of training in employment law, and have participated in hundreds of tribunals including being the sole representative. Which doesn't mean that I am always right because people give selected information on these sites. And because if there was only one answer there would be no lawyers. But I "actually know employment law". And it's insulting to be so nasty about people who don't agree with you, and your best advice is to send someone to consult organisations with dubious qualifications themselves.

If the OP wants legal advice, then it's a lawyer they need.''

What a bizarre comment...

ACAS and Citizen Advice can provide free, useful advice and they help people who employment issue everyday. Not everyone can afford to use a lawyer and the OP has nothing to lose by contacting them to get some initial advice.

I have no idea why you are taking this so personally either. This is not about you anyway. I am only interested in suggesting avenues to explore to the OP.

I agree with @Neriah, having spoken with Acas many many times, they do not know the law. They set claimants up to think they have a case then try to get the employer to settle. Often there is no legal case.

CAB can refer yo an employment lawyer, but it's very hard to get an appointment. CAB themselves don't know employment law.

If the OP thinks there is a discrimination claim (and a blanket "no home working" policy could be indirect discrimination) they could speak to the Free Representation Unit who help people with discrimination issues.

It really can’t be good for you or your productivity to start work at 8.15 having just done the school run and then work until 4.30 with the only break in between being for the second school run.

Can’t you just ask to start work later on Mondays and Fridays or do do whatever it is you do on the other three days of the week when you do go in?

I work in the NHS and all of my team have some sort of flexible working agreements in place.

From memory, there is a box on the form our Trust uses to request flexible working that requires agreement that it will be reviewed (usually after 6 months trial and then yearly) to check it still suits the service and can be revoked if not.

There is absolutely no way we would agree a flexible working request that meant not taking at least the legal minimum break during (not at the end of) your shift.

Although informally I know quite a few people including some very senior staff who might occur have children around at home while working, this is something that gets a blind eye turned where people are being productive. Certainly not something we would formally agree to.

Generally, my Trust us very supportive of flexible working but you need to evidence the impact on the service and how it can be mitigated / show any positive impact. We can't demand people give us a reason for their request.

For example - some of my team work compressed hours, we had to show that on their non work days their would still be suitable cover and that there was useful work they could do in the time outside normal hours they were now working. So had to list staff numbers and acknowledge they wouldn't be taking calls but that they could use the time for admin freeing up time in the day for other tasks etc.

I'd really recommend you get a copy of your flexible working policy, speak with your manager and submit a new request. Maybe you could start / finish a little earlier / later Tues-Thurs and then have a shorter day Mon / Fri? Or agree some flexi-time some of which could be worked from home - so maybe core hours of 10-2 or 9-3 in the office and flexi hours between 8-10 2-6 etc. with an agreement these could be worked at home?

Usually your manager would have 28 days to meet with you to discuss your request and you can bring a representative to that meeting.

Unsurprising the op hasn't been back

Blood and sand!

How would I go about proving this though? Do I need doctors note? Is evidence from my CBT therapist enough?

CBT therapists aren’t qualified to diagnose so you would need a formal diagnosis via your GP.

Lone parents can be male, but in practice they're overwhelmingly female. That's why it's well established in law that a policy that disadvantages caregivers of children without very good reason can amount to indirect sex discrimination in certain circumstances.

I hear you OP! I have been full time WAH for 3 years and would hate for this to be revoked for similar reasons.

Has your employer ever had any cause to question the quality of your work or your productivity? They should have to provide a business reason to reject a formal flexi request

Informally working flexible grants absolute no rights

I work for the nhs and our flexible working policy states that this is reviewed annually. It can be changed in order to meet the needs of the business if required. Give good, valid reasons for why your wfh should continue and is of benefit to them. As others have said, your child care issues should not be listed as a reason. I doubt this will fall under indirect discrimination. There was an nhs worker in the national news a couple of years ago who was dismissed by the nhs for refusing to change her previously agreed working pattern. She claimed discrimination etc due to being a single parent. The tribunal sided with the nhs/ employer.

All you can do is ask, you don't have a contract that states you wfh x days a week, which means they are entitled to revoke that. Even with a formal acceptance letter, it's not a change in contract and probably is in the proviso it can change.

Stating indirect discrimination, childcare issues etc is just being a bit silly, and imo trying to 'work the system',

I understand it's worrying as a single parent, but you either need to drop down your hours to pt officially, find other employment to fit in and around your child or get better childcare, maybe a childminder who does school drop off or a nanny. I had to do this to keep my ft job. It's expensive and hard but it's not forever.

I can’t see a case here, OP. Definitely not grounds for discrimination. Unfortunately, it’s looks like will have to find alternative arrangements for childcare Mondays and Fridays if you want to keep full time job. Good luck.