Employers not giving me the chance to work my contractual hours, can I fight this, or don't I have a leg to stand on, it's a little complicated.

[shinyshoes]

I will try to keep it brief,

I have been with a huge company for about 6 years.I am a 19.5 hour a week worker.

I went on maternity leave and after 11 months off came back last november.
I applied for flexi working hours, put it all in writing, gave them a chance to contest it they didn't , all seemed fine.

Except, our company has just had a 'premium buy out option' many signed up, leaving very few still on premium rate for bank holidays, this applies to myself, I am still premium rate. I have told them I can work monday and tuesday and that's it for the week. I can't work any other days due to childcare issues and they have refused, citing me 'too expensive'. They have said whatever I am short that week on my hours it will be taken out of leiu time I have stored. I initially agreed because I felt I had no choice, I couldn't work any other days that week.
But my colleague has told me that 1) I am not refusing to work my contractual hours, they aren't letting me 2) why on earth am I letting them 'make up' the hours in leiu time, what happens when that runs out?.

I can see her point and want to fight this. My colleague also says 'if they can't give you the work it's their problem not yours you should be paid your contractual hours regardless'.

Now ONLY reason they won't let me is because i'm premium rate and they want the cheaper staff to work. They have also said at the time of the buy out that they CAN actively discriminate.

Just to add. I am having to take a week off at whitsun because I can't fufill all my hours that week. ONLY because they won't let me work the BH monday.

Can I fight this, or don't I have a leg to stand on. My OH works shifts and I work around his shifts.

My first comment is that if you apply for flexible working, it's not a case of 'giving them a chance to contest it', they must actively agree to it, in writing. It's also not about you telling them what days you want to work because of the childcare arrangements you've chosen, it's about you asking them if you can change your days and hopefully them agreeing, and if not, negotiating something that suits you both.

Is what's happening now a change? Have you been working the days you requested since November with no problem? What does your contract say about your employer being able to vary hours/days?

Plus are they refusing to let you work your contracted hours or are they refusing to let you do it on the days you choose?

Is your contract specific on the days you work ie Mon/Tue or just the total hours per week ? Not sure how you can do 19.5 hours over just 2 days long term without having to work a 3rd day anyway so your request doesn't sound feasible in your present circumstances , even if they had agreed to it.

They did not actively agree to it in writing, my District supervisior said it would be fine orally.

I don't work specific days, I work someweeks, monday tuesday wednesday.
Someweeks, monday thursday friday.
someweeks wednesday , thursday, friday
It all depends on OH shifts as to what I work. I phone up the staffing manager the week before and tell him the days I can work and rotas me in accordingly.

They are refusing to let me do it on the day I choose BECAUSE they don't want to pay me premium rate for Bank Holiday. This now leaves me short for the hours in the week as I can't work any other days.I have never ad any other problem any other time apart with the days/hours I work from when the day I choose is a bank holiday.

I start at 3.20 this afternoon after telling them I can work from 1.00pm
My contract says 3 days at 6.5 hours a day. (although we are allowed to work 2 long days which would cover my hours also)

LIZS, the business is open from 9.am until 9.30 pm.

I can do this over 2 days I have donebefore.

9.-9.30 minus 1.5 hour tea break = 11 hours

do this over 2 days and its 22 hours, which is slightly over my contract

Does your contract say you get to pick your days and hours exactly whenever you want?

No just 6.5 hours over 3 days.

no specific days, no specific time of day

Sounds as if they have been pretty accommodating up until now and maybe that has given you a false sense of the terms agreed. Perhaps with times harder economically they need to cut their cost base and paying a premium rate unnecessarily would be one obvious area to do so. tbh it doesn't sound realistic to continue to expect them to match your precise availability if it doesn't fit in with the overall picture. Your best bet is to speak to your District supervisor and maybe HR to see if you can compromise.

I would have thought that they are perfectly within their rights to have your hours suit business needs? I mean come on - there's felxible and there's flexible??? Since when did flexible working mean you can work whatever days/hours you want? Sorry but I don't think you have a leg to stand on (especially as you have nothing in writing)

OK, I understand what you are saying, and yes they have been very accomodating, but then I thought they had to be? or perhaps not.

I have been lucky I suppose and I won't rock the boat. I don't want them citing 'business needs' and I end up working all sorts of unreasonable hours/days.

Thanks for the advice

oooh just looked at my contract and it says 6.5 days one of which a saturday. which I haven't done in 6 years, but then I have set a 'working' precedent for that and i've never been asked to work a saturday

no sorry they don't HAVE to be - they just have to be reasonable.

No I don't generlly work bank holidays not for a couple of years. I was on maternity for best part of a year.

The buy out was whatever sundays and BH worked between certain dates Nove 08-Oct 09. I was on maternity for this so my buy out offer was £42.00 in exchange for removale of premium rate on sundays and BH's and Sunday being part of the working week instead of optional.

OK I will have to swallow it, as lal123 said they have been more that flexible with me.
I suppose I am being a little selfish

I am a reasonable person. I just need reasonable to be pointed out to me sometimes