Flexible working

[Alroco]

Looking for some advice. I work part time, 2 days per week on a permanent contract, a post I have held for 11 years. I have worked the same pattern now for 5 years, one week day and one weekend day, however this was never formalised in terms of contract change. My childcare arrangements are set up around this. There have been recent changes to what I do, and I have concerns about my days being changed as I would have serious problems child care wise. The requirement for weekend cover won't be changing but there is a suggestion that this will be covered with rotational staff. I'm having to look at alternative work incase this happens as due to my circumstances alternative childcare arrangements aren't possible, which is hugely stressful. Is there anything I could do about the changes or would alternative employment be my only option?

[Sangie595]

Re: Flexible working

Looking for some advice. I work part time, 2 days per week on a permanent contract, a post I have held for 11 years. I have worked the same pattern now for 5 years, one week day and one weekend day, however this was never formalised in terms of contract change. My childcare arrangements are set up around this. There have been recent changes to what I do, and I have concerns about my days being changed as I would have serious problems child care wise. The requirement for weekend cover won't be changing but there is a suggestion that this will be covered with rotational staff. I'm having to look at alternative work incase this happens as due to my circumstances alternative childcare arrangements aren't possible, which is hugely stressful. Is there anything I could do about the changes or would alternative employment be my only option?

I think it would possibly be difficult to do something about this. You could argue that it is technically a redundancy, but the employer would reasonably say that even if it were (and that really isn't clear, since it is still the same job) they have offered you a reasonable alternative. And childcare problems really aren't their problem. With only two days a week anyway, flexibility may be a lot harder to sustain. But have you asked them, because that would be a good starting point - and if you asked them what did they say?

[Alroco]

Re: Flexible working

I think it would possibly be difficult to do something about this. You could argue that it is technically a redundancy, but the employer would reasonably say that even if it were (and that really isn't clear, since it is still the same job) they have offered you a reasonable alternative. And childcare problems really aren't their problem. With only two days a week anyway, flexibility may be a lot harder to sustain. But have you asked them, because that would be a good starting point - and if you asked them what did they say?

Thank you for replying,I guessed it may be difficult with nothing in place contractually. I did ask and the response was that I'd been lucky to have the work pattern I have for so long. It was written in my notes that I would be unable to maintain my role if my working days changed.

I think there may be an agenda to make things difficult so I resign as the company needs to claw back quite a lot of money due to funding cuts and due to my grade I'm expensive. With the changes, I've been asked to work across sites, with not enough time given for travel, and I've been asked not to come in early or leave late to cover this so I'm already struggling. I'm hoping they take this into account once I'm up and running and adjust timings but it's going to be a tough start to the year.

Now they know my childcare situation it will be easy to get rid of me. I was thinking of putting in an official flexible working request but fear this will just speed up the day changes if it gets refused.

Would I be entitled to any notice if they change my working days? I'm guessing not? Initially I guess I would have the option of unpaid parental leave if days change, but this would last long.

[Sangie595]

Re: Flexible working

Thank you for replying,I guessed it may be difficult with nothing in place contractually. I did ask and the response was that I'd been lucky to have the work pattern I have for so long. It was written in my notes that I would be unable to maintain my role if my working days changed.

I think there may be an agenda to make things difficult so I resign as the company needs to claw back quite a lot of money due to funding cuts and due to my grade I'm expensive. With the changes, I've been asked to work across sites, with not enough time given for travel, and I've been asked not to come in early or leave late to cover this so I'm already struggling. I'm hoping they take this into account once I'm up and running and adjust timings but it's going to be a tough start to the year.

Now they know my childcare situation it will be easy to get rid of me. I was thinking of putting in an official flexible working request but fear this will just speed up the day changes if it gets refused.

Would I be entitled to any notice if they change my working days? I'm guessing not? Initially I guess I would have the option of unpaid parental leave if days change, but this would last long.

Just because it isn't written down doesn't mean you don't have something in place contractually. But it's much easier to change a contract than you think. The employer is obviously citing business need for the changes. So that is always going to trump a contractual term. There is no way, quite reasonably, that the law is going to risk a business to sustain unworkable terms for that business. As I said, a best case would be redundancy. But in reality, they are offering other work which may well be a suitable alternative. In which case, you take it or they enforce it. Or you are deemed to have resigned if you refuse. You might be able to claim unfair dismissal - but that is by no means a guaranteed success.

If you refuse a change then technically yes, they would have to serve you notice. But whether this helps you is another matter.

I don't fully understand what is going on here, but you need to understand that if we are discussing funding cuts, there are always two sides to the story. What used to be, can't be any longer. And that means that there have to be changes. Hopefully, for a good employer, they will try to make those changes equitable. But that will almost never mean no change! It seems that this is a service that will need some cover seven days a week. You only work two of those. It is unrealistic to expect that the service will revolve around finding you exactly what it is that you want. There may be an opportunity of compromise. There may not. But if you are totally unable or unwilling to entertain any change, I think you must take that other option and find a job that is willing to offer whatever it is that you want. Perhaps not the answer you hoped for, but it would be the only answer that allows you to be in employment and have the hours that you want.

[Alroco]

Re: Flexible working

Just because it isn't written down doesn't mean you don't have something in place contractually. But it's much easier to change a contract than you think. The employer is obviously citing business need for the changes. So that is always going to trump a contractual term. There is no way, quite reasonably, that the law is going to risk a business to sustain unworkable terms for that business. As I said, a best case would be redundancy. But in reality, they are offering other work which may well be a suitable alternative. In which case, you take it or they enforce it. Or you are deemed to have resigned if you refuse. You might be able to claim unfair dismissal - but that is by no means a guaranteed success.

If you refuse a change then technically yes, they would have to serve you notice. But whether this helps you is another matter.

I don't fully understand what is going on here, but you need to understand that if we are discussing funding cuts, there are always two sides to the story. What used to be, can't be any longer. And that means that there have to be changes. Hopefully, for a good employer, they will try to make those changes equitable. But that will almost never mean no change! It seems that this is a service that will need some cover seven days a week. You only work two of those. It is unrealistic to expect that the service will revolve around finding you exactly what it is that you want. There may be an opportunity of compromise. There may not. But if you are totally unable or unwilling to entertain any change, I think you must take that other option and find a job that is willing to offer whatever it is that you want. Perhaps not the answer you hoped for, but it would be the only answer that allows you to be in employment and have the hours that you want.

Thank you again, and I apologise if I'm not making my circumstances clear. I do appreciate that with budget cuts and business changes there is a requirement for flexibility and I cannot expect things to be worked out around my needs. I accept that changes are coming, and I am flexible in terms of role and working days as long as I can retain one at the weekend. The service will still be running at the weekend as it has been so there is no business change there except for the fact that they have decided to use rotational staffing in future.
I have been looking at alternative employment as I can see this maybe the only real option.

[Sangie595]

Re: Flexible working

Thank you again, and I apologise if I'm not making my circumstances clear. I do appreciate that with budget cuts and business changes there is a requirement for flexibility and I cannot expect things to be worked out around my needs. I accept that changes are coming, and I am flexible in terms of role and working days as long as I can retain one at the weekend. The service will still be running at the weekend as it has been so there is no business change there except for the fact that they have decided to use rotational staffing in future.
I have been looking at alternative employment as I can see this maybe the only real option.

If that is the case, you can try to ask for flexible working, but I understood from your previous posts that this was likely to be the role of rotational staff - which isn't you?

But as I said, the problem is that constructing a business case for change is very easy, and business objectives will always be considered highly as a reason for contractual changes. They are not impossible to fight, but they are hard - and that is always going to be at a tribunal and after the event. In the end, stopping a change before it happens is only likely to be by discussion, negotiation and compromise - there is no way you can force the employer not to make the changes.