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.

No actually. I have just been busy working and looking after my child.
We don't all spend the entire day on mumsnet.
I am back.
If you just want to be unkind, what is the point in posting?

Did you not see any of my posts where I said I have childcare on Tuesday - Thursday full-time, she is picked up from school and is kept at the childcare service until I pick up at 5pm.

Did you also not see my post where I said she goes to holiday club during school holidays?

You too are also being deliberately obtuse.

For those who have taken the time to provide useful and constructive advice to me, thank you very much - I really appreciate it.

I've thought things over last night, and to be honest - due to personal circumstances and some things I have had to overcome in my life, I really don't have the fight for this. I just don't.

I've given myself until April to find a new job, if it means that I need to drop down to part time hours to accommodate the request to be in 5 days a week but still doing the school runs, then I will do that temporarily if I am allowed to.

I have someone very good in my life that will help me with the drop of income temporarily so that is also a help.

Everyone is replaceable in a job, I know I am very good at my job, my productivity has never been affected by WFH. I don't take the p*ss. I am flexible with annual leave and having to change WFH days and have previously come in on my WFH days and worked 9 - 2 because that is what the service requires.

I am not someone who wants to play the system.
I am not someone who wants to take the p*ss.

For the user who said it's very annoying when people log off for 30 minutes to do the school run. Why? it doesn't affect you? You don't have to pick up my work? so why does it annoy you when it has zero impact on you whatsoever.

Anyway, thanks to those who have taken the time to comment constructively and those who have provided feedback on the likely outcomes and to those who have been empathetic towards the situation.

I may be wasting my time, but I am asking again - have you pointed out to your manager that you have a formal flexible working agreement, or could you not make one if you don't? Unless you have other reasons for wanting to find another job, it simply seems very extreme to simply give up when the solution may in fact be simple.

To be fair, "useful and constructive advice" is not the same thing as telling you what you want to hear. There's "useful and constructive advice" here that no doubt says what you'd like to hear, but is actually dishonest (such as, claim you have a disability) or wrong. You don't have to simply give up, and simply making the case in no way detracts from looking for another job, but may mean that you don't need to.

Was it accepted?

This is key. Did you make a formal request that was accepted?

Yes but was it accepted?

Ah right sorry. Missed this one and got thrown by the "informal" in your OP.

Does the letter say it results in a permanent change to your contract? If so then they can't just say no.

Sorry if I have been unclear in anyway, these are the salient facts in chronological order:

May 2022 - Submitted a formal flexible working request after a discussion with manager and requested 2 days a week.
June 2022 - This was recorded formally on our ESR system and I was subsequently given an outcome letter to say this had been approved but is an informal agreement and is subject to business needs. I then started working the 2 x WFH days a week.
October 2022 - First review of flexible working - again signed off and agreed, formally recorded as a flexible working request, given the same letter.
April 2023 - Second review of flexible working, same as above.
December 2023, situation as described in my original post.

My contract has not been altered to reflect the WFH arrangement, it simply states 9-5 site specific based.

However, I have worked the 2 x WFH since May 2022 without issues until now.

Fully appreciate this can be revoked at any time, however in applying for another flexible working request as I have been advised, I would be giving the same reasons as I did last time (i.e. lone parent, financial reasons etc) I feel if I was to accept the part-time hours, it would make my financial situation untenable. I would also have to find additional childcare for my child that doesn't exist - yes that isn't my employers problem, but that's a fact that will prevent me from doing so.
I feel in forcing me to go back to full-time in the office 5 days a week it will be untenable and I will be forced to leave as a result/find new employment that works more flexibly.

This is the timeline and what has occurred.

I’m very surprised that an approved formal request for flexible working which was supported was then recorded as informal and you’re right to seek Union advice. Contrary to what others have said they can and do take on pre-existing cases - I know as they did for me. However, it may vary from branch to branch so worth checking obviously.

Does your Trust/Board have a policy on homeworking or on formal requests being approved as such and then logged as informal, or on flexible working eg term time working?

The lay rep might take on a case. That's up to them individually. I have done it. But it isn't a right. They won't put formal representation in though - anything that costs the union money.

Based on the OPs latest post it seems that there isn't a formal flexible working agreement in place. So submit one. The law says they must consider it, and you have nothing to lose. Tell the truth, explain why it suits you and why it suits them, and you might still get it approved. It seems that what they have is a lot of agreed informal stuff, and that's a recipe for foolishness. Two systems, one formal and one not is just plain daft!

The lay rep might take on a case. That's up to them individually. I have done it. But it isn't a right. They won't put formal representation in though - anything that costs the union money Mine did thankfully - but yes, it will vary so check.

Agree that it’s a ridiculous system. I have approved flexible working with review but the reviews are formalities - unless something material changes or there is some breach of our agreement which does not improve then I would expect them to continue. Those material changes would be communicated clearly and I would have a discussion with my staff member as to the alternatives open to them re flexible working. I wouldn’t simply pull them after 2 years without that.

@SirChenjins I rather suspect that there may be a reason, it's just not a reason they are sharing. To pull every wfh agreement at this stage, not even allowing for hybrid working, suggests that they know or suspect that mutiple people are taking the proverbial. Unfortunately sometimes the hammer falls on everyone - rules are always a blunt instrument, but they often arise out of action of the minority who ruin it for everyone else. Sickness absence processes are an example. In the "bad old days" we all knew exactly who was faking it, and they often came to sticky ends. But then the law said - and probably rightly - that we couldn't do it like that and there had to be a fair and transparent process, so we end up giving warnings to people we know are genuinely sick and trying their hardest just so we can dispense with the deadweight that wouldn't turn up to work at all given half a chance.

Could you try Pregnant Then Screwed, they have a helpline

You can formally request flexible working on an NHS contract. It is no guarantee that you will be given it depending on your role. This can include hybrid working, a change of working pattern to accommodate pick up/drop offs and so on. However it is no guarantee that you will be given it depending on your role. it is usually at line manager discretion.

But caring responsibilities do need to be balanced with doing the job so there should be ongoing discussion between manager and direct report.

If you are not on a WfH contract then yes your organisation can insist you return to your workplace. This is the same regardless of organisation or sector.

You need to speak to your line manager ASAP and get your hybrid agreement finalised.

So apologies I hadn't seen this. I think you have a strong case for fighting this. Hopefully your union will come back with something. In the meantime job hunt. There are plenty of Trusts with vacancies that will take a different more inclusive approach.

This is bizarre and probably a breach of the Flexible Working Regulations.

If you put in a formal request they can't accept it and then say it's informal, nor then keep reviewing it!

I would say this is the core of your problem. This is the issue you need to raise.

Btw, the Flexible Working Regulations are misnamed. They are noting to do with "working flexibly", they are simply a right for an individual to put in a request to change their employment contract with regard to hours, location, etc. Once agreed, that is your new contract - nothing "flexible" about it.

I think it's one of the worst pieces of employment legislation and one of the least understood. I seem to spend hours explaining it to managers and even our HR team, and still they get it wrong!

https://www.england.nhs.uk/ournhspeople/online-version/lfaop/our-nhs-people-promise/the-promise/

This might be useful @Pastarasta1 as in the NHS people promise we are compassionate and inclusive, and we work flexibly! Ask for a conversation with your manager. Be careful speaking about childcare because in work terms, childcare isn’t your manager’s issue. However, you can say that your caring responsibilities mean you need to be able to carry out school runs twice a week and wfh enables you to do this. If the role moves to 100% office based then you’ll need to submit a new flexible working request to reduce your hours but you’d far rather continue the wfh arrangement that’s been agreed with HR and that you’ve demonstrated is workable for your specific role.

Has your manager changed? (I’m an nhs manager in a large trust. Happy for you to pm me if that’s helpful.)

I was a lone parent for years and worked FT and didn't see him until 7pm some days and he spent 4/5 days a week at after school club. He's grown up into a happy healthy adult and we are close. Some parents work away for weeks at a time. You're being ridiculous.

I think this is more a case of putting in a flexible working application to wfh those days however they can refuse and it’s not discriminatory. What are the alternatives? Find wrap around care or reduce your hrs?

No she’s not, don’t be silly - she just wants a different life for her child to the one you’re describing (and I don’t blame her).

I am not being ridiculous.
I do just want a different life for my child.

@Pastarasta1 what were the detailed reasons given for stopping everyone’s wfh? Also - had others had their formal requests previously approved too?

WFH is never supposed to be for childcare. If you are working properly you aren't available for childcare and if you are caring for a child then you aren't available for work. The only circumstances where childcare is relevant to a reasonable WFH arrangement is if the logistics of transporting a child to and from a place of childcare before and after working hours is only feasible if there is zero commute time.

Carer status for dependents is a protected characteristic and you can apply for a formal WFH arrangement as a reasonable adjustment if you can show it has no impact on your work effectiveness and if your employers can't show a negative impact to them. However it would be entirely legitimate in your case to say that the reasonable adjustment would be for you to reduce to part time hours.

They have only let those who have reasonable adjustments under the Equality Act continue with their WFH days.
They sent a blanket letter out to all colleagues listing the reasons which are inequality, boosting team morale by being in the office, shared learning, and ensuring the office is covered.

Maybe you need to remind your employer that you have an agreed FW pattern rather than defaulted to WFH. However these can be reviewed as business needs change. Maybe you could offer a compromise on those office days - 8:30 start for example. Or find a child minder to do the drop off/pick ups.