Flexible working trial / can’t go back to original hours

[Sol68]

Hi there - advice needed.

i’ve just returned back from maternity leave and on a 3 month flexible working trial, working 4 days per week.

Completely worked into the ground, work load is unmanageable. I have made management well aware of this and expressed that I’d like to go back to full time when the trial ends in order to be able to complete my work.

Line manager originally agreed with me and said that yes this is the problem with working part time etc. However he’s now come back and said they can’t afford to pay me to go back to my original full time contract when the trail ends.

Surely this isn't allowed? It was a trial basis only and they can’t make a permanent change to my contract without consultation, because in the 2 months since I returned to work they now can’t afford it? Im only wanting to go back to full time so that Im getting paid for all the extra hours Im doing anyway.

The wording on the trial contract is vague and says ‘at the end of the trail we will discuss either an extension, a permanent 4 day week, or return to full time’.

thank you in advance x

Did you sign the trial contract? Your previous contract would have been replaced by it, if so.

Who instigated the trial?

Talk to your union, but yes of course it's allowed - you chose to go down to part-time, they could have well hired someone else to fill the gap.

I instigated the trial by putting in a formal request. They didn't agree to a flexible working contract, they agreed to a trial for 3 months. As such, have not hired to fill the gap as it’s only a trial, and they would not be able to get rid of a new hire on the grounds the trail was unsuccessful.

Yes I signed the contract stating that this is on a trial basis. But yes I think it’s too vague for me to have a case against it.

Do you still want part time but it’s the workload that is unmanageable? Ie. You are doing extra hours to get the work done so a fulltime job on part time pay.? Is that’s the case then why argue for full time, concentrate on getting your view across on workload. How is your workload compared to full time staff? What happens if you just stop when you’ve completed your contracted hours? I’m in accountancy snd this sounds similar to when I was part time with the workload, however my work ajctaully approached me and asked me to go back to full time when my child was older with a day wfh as they couldn’t cut the workload and felt they were taking advantage by paying me part time

I think the only answer in those circumstances is to stop doing the extra hours. Once the work isn't being done they'll have to find the money for the additional work time. Make clear that that is why; not because you dislike them or because you want to shirk but because it's not physically possible to do the work in less than full time hours.

I'd put it in the response to the trial in writing (having had a conversation with your boss before hand to try and smooth the way).

Depending on the type of business you might be able to present it as giving your boss the evidence they need to make a case. Make sure you point out they've not recruited someone to cover (assuming they haven't).

I don’t know a legal answer but sounds very vague in the contract who has the power to make the decision at the end of the trial.

it sounds like 4 days a week is what you wanted but clearly manager just assumed you’d squeeze five days work into four. I do know people who make a four day week work and they are ruthless about ringfencing their hours and workload, so it requires a change in YOUR habits and approach. But also cheeky manager needs to sort his attitude out too,

So here’s how it goes: put a 20 min catch up with your manager once a week to go through your work list and ask him to prioritise what needs doing. Point out things on the list you CANNOT get done and are being pushed back. Allocate time in your calendar to necessary tasks and leave them as “not busy” so it’s clear how your time is being spent. Try to leave gaps in which you can deal with urgent incoming email etc. Anything outside these agreed tasks, forward the request to your manager with an “I’m full already, can you deal with this one please or let me know what I should drop:to get this done?”

Oftentimes if you are nice and competent you’ll get cheeky so and sos dumping work on you on the sly or at short notice. Watch out for this. Push back when people are being unreasonable - “i can’t complete this work until eod next Tuesday as I only work a four day week and my diary is already full. Please let me know if you can wait until then, or if you need my manager to assign the work elsewhere in the team.” Then ask manager to talk to person about reasonable requests and make it managers problem.

Take your contractual lunch break. Don’t do overtime without being asked to. Ask manager for advice how to speed up tasks so it can fit into the 4 days.

Agree with everyone else. If they say only part time will work for them now, make it clear what that will look like from an output point of view and how it will be different to the trial period. At the moment their work is getting done cheaply, do why would they want to go back to paying more for the same work?

I know people who make part time work well, and they are ruthless about it, and rightly so.

Absolutely this.

You have to be so strict with yourself, your time and your own boundaries when you do condensed/part time work from full time. I have seen many colleagues drop a day and go to 0.7 or 0.8, they’re still doing exactly the same amount of hours and get exactly the sane workload as they did full time, they just now only get paid for some of them!

Be very transparent with this, do the work that you can the best you can in the hours you are paid to work- outside of those hours, tough.