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Original poster

Does anyone know if employer is allowed to end this flexible working agreement?

18 replies

user145679 · 17/03/2024 13:06

Hi there,
I am hoping someone knowledgable can help me out with this as I feel I am being walked all over and need to go to the next meeting more prepared.

Background,
I had a formal flexible working request approved in 2021 when I returned from Mat leave. This has been in place since then and works fine. It explicitly states what hours I work and my place of work.

the office location I work in has been announced to be closed imminently.

I have been told my new location and have been given no choice in the matter. It is much further and will cost me significantly more to travel to.

I have explained to my employer that I am struggling with the new location on Saturdays as they want me to work a longer day and it is so much further to travel to. Problems include lack of childcare as DH works Saturdays and financial (although I appreciate they don’t care about this at all. New location is a city centre with much higher parking charges. I live rurally and there is no public transport option)

I have presented numerous other options. Eg working one in every three rather than every other I do now. And also to still work every other but have one of them at home (this really wouldn’t be an issue)

I am getting so much pushback and insistence that I have to work the longer days and have to be there in person every other week.

my question is what are the legalities of this being forced upon me when a formal flexible working agreement was in place and added to my contract? Are they legally allowed to just say your fwa is done now and you have to do this instead. If so what is the point of them in the first place.

I feel like I’ve been so reasonable and tried to come up with a creative solution and am being dictated to. It honestly feels like they are just hoping I quit. I’ve worked here for over a decade and it’s really causing so much stress now

would really appreciate any words of advice
thank you

OP posts:
Luckycloverz · 17/03/2024 13:13

Questions for your HR department?
What exactly is written into your contract regarding the flexible working?

My DH had it added to his but extra notes say that it's only until such time arrives that it no longer works for the company etc I can't remember exact wording but they'd have to give a good reason and notice to change his contract.

Original poster
user145679 · 17/03/2024 13:16

the agreement explicitly states my place of work and the exact times I work.
there is no end date to it at all.

I appreciate that where I work is closing and that’s that but I expected a bit more of a reasonable discussion about what happens going forward so it works for all parties but it’s just not happening and I’m so stuck about what to do next

OP posts:
MagentaRocks · 17/03/2024 13:17

Ours are reviewed every year to make sure thy suit individual and business need.

Original poster
user145679 · 17/03/2024 13:18

MagentaRocks · 17/03/2024 13:17

Ours are reviewed every year to make sure thy suit individual and business need.

Mine has never been reviewed since 2021 and it was never stated that it needed to be reviewed

OP posts:
Luckycloverz · 17/03/2024 13:20

user145679 · 17/03/2024 13:18

Mine has never been reviewed since 2021 and it was never stated that it needed to be reviewed

Show quote history

Do you have copies of your workplace policy's? They will likely mention flexible working and the rules.

TeenLifeMum · 17/03/2024 13:22

My place of work changed and I have to drive an hour rather than 10 minutes. I can’t change it but they have to pay my mileage which helps and I’ve adjusted my hours.

Newtt · 17/03/2024 13:29

user145679 · 17/03/2024 13:16

the agreement explicitly states my place of work and the exact times I work.
there is no end date to it at all.

I appreciate that where I work is closing and that’s that but I expected a bit more of a reasonable discussion about what happens going forward so it works for all parties but it’s just not happening and I’m so stuck about what to do next

I'm not entirely clear 'where' exactly you are contracted to work from this.

Are you contracted for hybrid working? You say that 'where you work is closing' - so have you always worked partly on their premises and partly from home?

If they want you to continue to be 'on site' for a certain percentage of your hours (as opposed to now starting to be on site) , I think you will have difficulty proving this is unfair?

Submitting formal 'flexible working' request that suits you and supports how it will befit them, might be the way to go?

Original poster
user145679 · 17/03/2024 13:37

Newtt · 17/03/2024 13:29

I'm not entirely clear 'where' exactly you are contracted to work from this.

Are you contracted for hybrid working? You say that 'where you work is closing' - so have you always worked partly on their premises and partly from home?

If they want you to continue to be 'on site' for a certain percentage of your hours (as opposed to now starting to be on site) , I think you will have difficulty proving this is unfair?

Submitting formal 'flexible working' request that suits you and supports how it will befit them, might be the way to go?

Show quote history

Sorry I’ve tried to be a bit vague so it’s not too outing but I don’t think I really care to be honest.

I work in a bank branch which is closing. At the minute I work always on the premises however since Covid it is a hybrid role and I do take calls as part of the job. There is no reason for this to be in office. Lots of people do this from home. It has just been my preference to do this part in office at the moment.

my fwa states that my place of work is the branch that is closing.

OP posts:
Barleysugar86 · 17/03/2024 13:42

If your place of work is closing your job as you know it is now gone and they are in effect transferring you to avoid redundancies. It is within their rights to say the alternate job has whatever conditions attached they want. You should also have the right to turn down the transfer and be made redundant instead. But you don't have the right to force them to make the alternative job a certain way if they are not open to changing it.

Original poster
user145679 · 17/03/2024 13:43

Barleysugar86 · 17/03/2024 13:42

If your place of work is closing your job as you know it is now gone and they are in effect transferring you to avoid redundancies. It is within their rights to say the alternate job has whatever conditions attached they want. You should also have the right to turn down the transfer and be made redundant instead. But you don't have the right to force them to make the alternative job a certain way if they are not open to changing it.

So redundancy would absolutely have been my preference but I was told in no uncertain terms that they would not be making me redundant

OP posts:
skilpadde · 17/03/2024 13:48

It sounds as though you need to make the case that the job at the new location is not reasonable alternative employment, and that you should be offered redundancy.

You're not going to be able to force them to keep your current location open, regardless of the terms of your flexible working agreement or what's in your contract.

Newtt · 17/03/2024 13:49

As I understand working for banks (I clearly may well be incorrect). I thought that contractually you would have a 'base' but you could be expected to work / cover sites within a set boundary / group of branches?

If this is the case, I think you will find it even more difficult to make them budge?

If they are closing branches, do you think they may not mind losing staff who are not able to make the new commute???

Sounds like a tough situation. I would start looking for something that suits you better...

jackstini · 17/03/2024 13:51

I would call ACAS tomorrow and check

If your place of work is specified by address in your contract as that location, and it is closing, then I thought that meant your contracted position was redundant

easilydistracted1 · 17/03/2024 13:53

I don't think your argument is best under flexible working it's about the job base change and change to your hours which mean it's unworkable and they should offer you redundancy if it's not covered in your existing contract. Check you haven't got legal cover on existing policies. If you have use it if not then go for acas support. Also they should probably fund you to get some legal advice although might argue they don't have to as it's not redundancy so bit of a catch 22. How does everyone else feel?

Original poster
user145679 · 17/03/2024 13:57

Newtt · 17/03/2024 13:49

As I understand working for banks (I clearly may well be incorrect). I thought that contractually you would have a 'base' but you could be expected to work / cover sites within a set boundary / group of branches?

If this is the case, I think you will find it even more difficult to make them budge?

If they are closing branches, do you think they may not mind losing staff who are not able to make the new commute???

Sounds like a tough situation. I would start looking for something that suits you better...

So they are allowed to send you within an hours travel. However i don’t know if this applies to me with it being specified in the flexible working arrangement.

the frustrating thing is I’ve accepted I’m moving. It’s just the total reluctance to discuss the hours which is causing me so much stress at the minute.

they really don’t need me staffing wise. They have closed so many branches they have far far too many so I can only assume they are hoping that staff just quit rather than have to pay people redundancy

OP posts:
LIZS · 17/03/2024 14:05

If your contract gives a variation of an hour it would apply despite your circumstances. You might be able to negotiate an allowance to cover extra mileage short term.

Figgygal · 17/03/2024 14:07

Sounds like they're consulting with you on the closure yes they can do that regardless of your previous flex working request. I'd agree with someone up thread depending of if your contract has a mobility clause it could be argued the new location is not a suitable or reasonable alternative and you should be able to argue redundancy

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