No more flexible working.

[UnicornMadeOfPinkGlitter]

Quite a long story so will try and keep it short.
have been in my role for over 5 years and am the only person in my role so I am different to everyone else, in that they all work a full day, whereas there are periods of my job where I work much longer hours and also expected to be able to work from my annual leave. Have been sending emails and chasing queries from the side of the pool before. And also often not get lunch breaks.
now I don’t mind this and was prepared for this because I’ve always been able to work half and hour later and leave half an hour earlier.
a new manager has taken umbrage to this and has questioned it multiple times. I have always referred him back to the big boss who has said it’s fine and I’ve carried on.
I usually come in the half hour later due to commitments at home and taking dd to school as no transport from home to school. So she’s getting there half an hour early so that I can still get to work on time. (She’s 6th form so has the common room to sit in) and rarely leave that half an hour early, usually leave about quarter to ten to so 15/10 minutes early but often there until 10pm at etc.
sorry also forgot another element in that I have a voluntary role outside of work where I have been allowed to leave an hour early one day a week.

my line manager started questioning it again so the big boss called a meeting. He started off the meeting by saying he didn’t have an issue with my hours and appreciate that I always go above and beyond and work hard.

somehow by the end of the meeting because of my line manager not giving in, I now have to work the full time hours and have been given a term notice to stop the voluntary work or drop an hours pay a week. And any overtime will be given as time of in lieu that I can’t use as I want as they would rather that I say worked an hour and half overtime a day for a 6 week period and then for the next 6 weeks leave an hour and half early!!!

im very unhappy with this arrangement and said that I would want to take time off in lieu when I wanted to eg if I had a weeks worth could tack it on to my holidays. What good is going home early? I won’t benefit from that as a short term thing.

do I have a case to answer in that for 5 years this has been my standard practice and any way I can object and have my hours to changed?

I do think you'll find it's unusual for an employer to be happy for an employee to regularly come in late and take "TOIL" without any evidence the time is made up.

From your post you don't even know yourself if you actually are fully making up all the time you take. You've basically told your new manager to just take your word for it.

If you had proposed a formal time recording system to support the flex that might have gone down better.

if the works getting done why does the new manager care??

id say it won’t get resolved though as the head has caved

id work to rule and look for another job

@passiveconstellation butnid the works getting done why does it matter?

i find the time recording thing odd.

if the work is done it’s done.

Until you get your formal time recording system as @passiveconstellation said you need to make your own log of the exact hours and minutes you work.

I have had to complete timesheets for decades and due to the fact some of my work is recharged to clients, I have to log exact time periods I spend on some tasks. However as I only enter a timesheet weekly, I have my own log of the time I spent doing things that I update daily.

Good luck getting this sorted. Clearly you've been trusted until now to understand the needs of your role and manage your own workload.

I do wonder whether an email with the big boss to confirm what was discussed might be helpful. "To confirm our discussion of ddmmyy, for the past x years my role has not been subject to the standard working hours and I've had the flexibility to xxx while also providing out-of-hours cover. Although this has worked well until now with no issues raised, you purpose that from ddmmyyyy my role is changed so that.... "

Then once you have this in writing, go forward with the ACAS form.

Because she's an employee contracted to provide service for a certain number of hours.

Because if it turns out the work doesn't require a full time person then the role needs adjusting.

Because she's claiming "TOIL" she can't prove she's entitled to. Which might be considered fraud or at least misconduct.

I have a similar role - technically I do fewer hours than contracted (I leave half an hour early each day) but I easily make that up through working on evenings and weekends.

Sounds like Acas have been helpful but if not I would say that I’ll do the standard hours but I want to be able to bill overtime, because otherwise it’s not fair.

I’m fairly sure once they work out the ‘cost’ of retracting your flex they’ll get their acts together.

Yes, except to do that the op would have to be tracking her time.

Which she's not currently.

Which is why this has become a problem in the first place.

I would proof-read for clarity of style the documents you send to the Head. Your post that was intended to clarify the situation was still confusing to me.

S

In some jobs demand outstrips capacity. So it’s never really done.

Whilst you are waiting for a response to the ACAS form, track your hours. Stick to the hours you are contracted to do. Cover your arse by setting an out of hours signature and add on the if your query is urgent please contact and give line manager's email. Do not be available for overtime as and when. If you do any log it and put in a claim.

The idea that your job is too vital to be working to rule is not your responsibility. You need to let go of that idea. You do what you are paid to do in the hours you have to do the job in. Just be scrupulous in informing those above you of any work outstanding.

Definitely start logging all your hours as this is the best evidence to show you are working your contracted hours, and more.

I would definitely from now on keep a spreadsheet “timesheet” detailing when you arrived at work, when you took breaks, and when you left work.

I would also play it very much by the book - so, email head boss and line manager to say you believe you have an implied contract to work flexible hours and do not see the employer has documented a business rationale for cancelling that arrangement. Express your disappointment after 5 years of your hours working very well for both employer and employee. State that you are not able to comply with the new working hours in full, due to your commitments outside work but you will try to comply as much as possible whilst the employer is reviewing their decision and you will record all your hours worked. Also mention that you are no longer willing to offer flexibility regarding overtime going forward and so you will inform your manager of the tasks you can’t complete on a daily basis so your manager can pick up those duties in your absence.

I think you could drop your child at school earlier so you can be at work on time. Maybe drop your dc nearby so the excess time is used up with your dc walking the last bit of the journey?

i do think your employer is likely to cave in, when they realise they are losing out on your willingness to flex your hours to meet the needs of a fluctuatingworkload.

Your mistake is not completing timesheets. They see you coming in late and going home early everyday, the overtime is more likely to be ad hoc. Timesheets would've shown whether you were or weren't covering your contracted hours month to month.
If you've got a term's notice can you meticulously record your hours and take that back to your senior boss and ask for the decision to be reviewed.
With accruing large amounts of TOIL nowhere I've worked even with clear Flexi policies allow people to take more than 2-3 days TOIL over a month and expect it to be taken in bits and pieces for things like early finishes, late starts etc. This could work in your favour.

Why can't you just work your hours like everyone else? I can understand why they want to sort this, as it seems messy and complicated. Your DD getting to 6th form is not their concern, it's yours.

Hmmmm its no wonder you love your job. You do the hours you choose. Sorry. It doesn't sound like a good arrangement for the school. It sounds like the kind of job that requires your hours and more. Assume also not great pay.

You can't count work done on the go. Its an extra. I answer emails and take calls sat outside music lessons but it's not part of my working hours. I don't count a conversation from annual leave as part of my hours. I try not to do things on AL but sometimes it's necessary. Exception not rule. Draw a line. Stop being available. Hand over. New manager can deal with things when you are on holiday!

You should definitely move jobs. If you want to do the same thing I'd reckon on continuing to be overworked and underpaid.

Now your DD is sixth form it must be coming up to time for a change. She should be able to get herself about more. Talk to the head, explain that you would like to continue the existing flexibility for the academic year and that you will make changes after that. See if that buys time.

Reply with this, OP:

Dear Name and Nameboss,

Previously we had a flexible working arrangement where I would work when it was required by the business - essentially I was on call 24/7 and worked more than full time hours, which I did not claim as overtime, because I was allowed flexibility to come in half an hour later and leave half an hour early for childcare.

Now you are asking me to work my full time hours, but still be on call to do overtime 24/7 as and when the company requires.

This is not a flexible arrangement that suits me. I can work full time hours and no overtime. I am not prepared to be on call 24/7 for no extra pay or additional flexibility. In most companies "on call" pay rates amount to half pay.

If it is not part of a flexible working arrangement then I will work my full time hours only and not be on call for extra work.

I am happy to revert to the previous flexible working position - in which I worked far more than full-time hours for the company in exchange for flexible working. Or I can work my contracted hours with no flex.

If you want me to work my contracted hours and be on call for additional work on top of that, I will need to be paid an overtime rate.

Let me know which you would prefer me to do.

Thanks,

OP

Yeh don't send that.

I would imagine this is also about the optics. I’m sure that you coming she going according to your own schedule wouldn’t be very popular with everyone else. Especially if they don’t know the “extra” you’re doing (and why would they since you don’t seem to know either!)

I think it's a good idea to say that if flexibility is withdrawn then your flexibility out of hours is also withdrawn.

Ask who they would like your email to redirect to out of hours so the kids don't miss out on college places - your line manager or the big boss? Then see what they say.

I'm confused, are you on salary? Rightly or wrongly, most people work more than their hours and don't get paid for it. I'm not really surprised they're annoyed you work 30 minutes less a day than you get paid for! And have been doing so for 5 years! Probably just work your hours, this keeps it simple and start looking for another job

The figures seem weighted in your favour here so I'm not surprised they are pushing back.

If you are taking off 30 mins a day then that's 2.5 hours a week x 39 = 97.5 hours. You say that means they will only end up owing you 10-20 hours, but 97.5 hours is only a day or two shy of 3 weeks. Are you really doing two weeks of overtime on the days you aren't working shorter hours?

I would imagine everyone who consistently witnesses you starting late and finishing early is pleased with the new manager and the fact they have stood up to the big boss.

Ok so you’re an exams officer in a school.

you don’t need to respond to emails in your holidays - just tell The designated member of senior management team that they will need to reply to exam queries - and set your out of office to reflect this.
Queries from exam boards should be going to SLT anyway…..

they should be realising that the nature of your job means there is variation in workload throughout the year and that some periods eg actual exams or exam entry and reflect you should get time off in lieu at slacker periods.