Changes to agreed flexible working?

[TopBoy]

Hi,

I hope someone can help with my query - my wife returned to work 12 months ago after having a child. On returniong to work she agreed a flexible working pattern with her employer as follows (My wife is a retail employee):

Sat - Any shift
Sun - 08:00-13:30
Mon - Any shift

Total = 20 hrs

The reason for these hours is that i myself work mon-fri and we can get childcare on the monday through familiy, meaning that we do not have to pay for any childcare. The sunday shift was specified so that we get half a day together as a family. All of the above was specified and agreed with a manager who stated the need to review in 12 months (which is now!).

Today my wife has gone into work to be told by a supervisor that she can no longer work the specified shift on a sunday as it is now company policy that a keyholder must work this shift, and as she is not a keyholder her shift will need to change. There has never been an issue/problem that we can see that could have prompted this change in procedure.

I feel that there may be more to this story than is being let on as my wife has heard from colleagues that her new line manager has stated that he see's part-time employees as "pointless" - and just to clarify - my wife performs far better than her ful-time equivalents, which is shown through their results. Since returning to work my wife has had to work a far higher ratio of late shifts that ne full-time equivalents and has been denied holiday on a sunday for a full year (I think she has requested around 4 or 5 sundays off). Throughout all of this she has not complained but we both now feel that enough is enough - we cannot allow them to take the measely half day we get together. If there is anyone who can give advise on this subject, you help would be greatly appreciated.

[teaboy2]

Re: Changes to agreed flexible working?

Hi Topboy

Is there a key holder working sundays with your wife before this was brought up. Am assuming your wife is not a key holder and therefore someone with a key would have been present on the same shift on sundays?

They can not change her hours without her consent either - Though this will depend on whether the 12 month review was stipulated in the contract or not, either way any changes to her hours would have to be mutaully agreed as her hours are a core part of the employment contract and can not be changed at a drop of a hat whenever it suites the employer.

Heres a link which gives you information regarding the law on flexible working time and best practice - http://www.businesslink.gov.uk/static/html/layer-4.html

Its worth pointing out that their may be grounds for discrimination, especially if your wife can get witness statements from the other staff members that told her about what the managers views are regarding part time workers - As such views are discriminatory! There is nothing preventing them giving your wife a key either.

[TopBoy]

Re: Changes to agreed flexible working?

Hi Teaboy,

Thanks for the advice. With regards to the keyholder issue, my wife has never been a keyholder, and has always been able to work this shift previously. 90% of the time there will have been an overnight team working so the store will not be locked up. Prior to this my wife always took a store key home with her after saturdays shift. The keyholders receive no extra training and there is no significant business reason for my wife to not do this shift. In her meeting where her flexible hours were discussed she was told that there would be a review after 12 months, but as far as she is aware this has not happened - all she has had is a supervisor tell her in passing that her shift had changed!

With regards to the discriminatory statement made by her line manager it is very doubtfull that colleagues would be willing to go on record stating this for fear of them becoming a target for the manager. I will take a look at the website you have provided.

Many thanks

[teaboy2]

Re: Changes to agreed flexible working?

In that case the employer has not reasonable reason to end her sunday shift. And she should put in a formal grievance over it as changing her shift without a reasonable business reason, which considering your wife took key home with her on saturday nights for sunday and the fact a night shift was still there, would likely amount to indirect sexual discrimination (due to women havingf more childcare duties), as a change in flexiable working hours would no doubt have a negative effect on her family live and be to her and your families deterimental.

Heres a link regarding indirect sexual discrimination and flexible working hours - http://www.workingfamilies.org.uk/articles/parents-and-carers/flexible-working/indirect-sex-discrimination-and-flexible-working

Basically the reason the manager give is not good enough reason to refuse your wife the hours she has been working on a sunday and as such the manager is in dangerous waters! So tell your wife to write a grievance explaining their was never a porblem with her working sundays before or her taking the key home on saturday, which therefore made her a key holder on sundays, and as such the reason her not being a keyholder is not a reasonable business decision to deny her the flexible working hours that she has been working for xx amount of months. As such, said decision amounts to indirect sexual discrimination as the suggested change in hours would have a deterimental effect on her and her family by putting her at a disadvantage e.g. less hours and less pay if not extra hours (or result in difficulty or extra cost, arranging child care during the new hours she is being asked to work). Also as they failed to hold a 12 month review as intially stated they would, then they are now estopped under the laws of estoppel from holding that review and changing her hours without reasonable business reason - Extra costs etc are not reasonable business reasons, neither is the whether the employee is a key holder or not.