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Change to contracted days of work

3 replies

freyasyummymummy · 05/05/2010 19:23

I have been working for my current company for 6 years and returned from maternity leave 2 years ago to a 3 day week, my current working pattern is tues/wed/thurs which was agreed prior to my return, my contract stated that this was to be for a trial period of 3 months initially and therefore subject to review. After 3 months this pattern of working was agreed by me and my colleagues/line manager to be working perfectly.

Today I have been told that I have to switch my pattern of hours to cover a Friday.
What I need to know is where I stand - can they really force me to do this? I have raised the following objections:

  1. I currently have free childcare on those days (MIL gave up work on those days) I'd be looking at paying nursery fees of £200 per month which makes work much less viable financially.
  1. I spend Fridays taking DD to various classes/groups and feel that she'd be really missing out if we had to stop these.
  1. The timeframe they have given me to make this change is way too short to enable me to find childcare (4 weeks)

I'd be really grateful for any advice!

OP posts:
cbmum · 05/05/2010 19:26

My understanding is that your flexible working contract is for the 3 days that you have been working. Your firm said it would be reviewed after 3 months which it was and stayed the same as it is now. So, logically, they can't change it now. But - I'm not an employment lawyer. Suggest you find one and fast - quite a lot will do a fixed fee meeting which I suspect is going to be money well spent.

flowerybeanbag · 05/05/2010 20:26

No they can't. The fact that your existing working pattern was intially agreed as a result of a flexible working request makes no difference at all. Your hours are your hours and they are just as permanent as your full time colleagues.

See here and here about changing your terms and conditions.

I'd suggest you write to them saying that you understand they require your consent in order for them to amend your existing terms and conditions and you are not able to give that consent.

Then request written confirmation back that they understand you have refused consent and that your terms and conditions will remain unchanged.

cece · 05/05/2010 20:28

I had this problem and got my union to check it out. However, my contract said I had felxible hours/days and that they could be changed. So I had no choice sadly.

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