Is this allowed?

[Wanderingparrott]

I reduced my hours at work after I returned from maternity. Flexible working request approved by HR for 3 days at that time. For a few months I took on more hours to suit me and the employer at the time but now circumstances have changed and I want to go back to 3 days, but I’ve been told this is not allowed and have no choice but to stick to the 4 days which I’ve been doing. I never signed anything or had a meeting to document my hours increasing, is this even allowed?

Was the flexible working request a trial or was it permanent? Do you have it documented?

Do you have details of your request and their approval?

How long have you been doing the extra day? After (I think) three months of the same it can count as a change of contract.

The flexible working request was permanent and I have the approval in writing. I’ve been doing an extra day for just over 6 months. Honestly wish I’d never bothered now.

Has you annual leave increased in line with your additional hours?

They have yes

I was hoping they hadn’t! Sorry.

I don’t know the legalities.

You can only make 2 flexible requests a year.

I would ask for their reasons for refusing to allow you to go back to 3 days a week previously agreed, and to get this in writing.

Talk to ACAS for some advice or see if your home insurance has a legal helpline you can call

you can make 2 flexible working requests a year. I wonder if they are treating the increase to 4 days as an additional request? Alternatively they may be trying to say they can no longer accommodate the precision arrangement. I’m not sure if the legalities of that if you have effectively a 3 days a week contract (from the request you have approved in writing).

However you may not ultimately be able to force them to allow you to work 3 days a week if they genuinely believe they can’t accommodate that anymore. Again I couldn’t comment on the legalities but they might then start looking at out to replace you eg by saying the 3 day a week role is no longer visible/available.

You say the extra day suited you and them at the time, but who initiated that?

Did you ask to go up to 4 days, or did they?

What was the conversation for you increasing your hours?

The short answer is...'it could be'.

You need to find out their exact reason for the refusal. Also, you say you didn't sign anything, but was there no formal acknowledgement at all when you moved to a four-day week? Confirming your new salary, AL etc?

It could be that they are treating the move to four days as your second statutory request in a 12 month period, and failed to go through the formal steps (consultation etc) as it was by mutual consent/benefit.

They could be treating your request to go back to three days as your second statutory request, and denying it. You have the right to request changes, not to insist upon them. They can refuse, but they should have formally consulted you and clearly outlined the reasons for the refusal. These reasons must relate to a number of specific criteria, broadly that the change would negatively impact your ability to carry out your duties, impact your colleagues or harm the business.

They could just be treating this as an informal request and refusing it based on a business need.

Without knowing exactly how the move to four days came about its tough to say.