Changing part time working hours
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sweaty_betty
Posts: 1,337 Forumite
Hi there - question about working hours I'm hoping people can help with.
Employee has worked for employer for 5 years, always part time (0.8, so 4 days per week). Day off was initially to complete a qualification, then to care for children. The actual day off has been the same day for 4 years, but is not specified in the contract.
The contract states XX hours "in accordance with the service requirements" (which I wonder is the catch all for changing hours if required).
New boss has firstly disputed the hours, wrongly saying that the employee is being paid for the day off (proved not to be the case by referring to the contract and pay slips), then says that just because they're not physically in work it doesn't mean they shouldn't be working (planning etc) - again I don't think this should be the case.
HR are saying that a flexible working application needs to be completed to "fix" the day off. However, there is a concern that once completed, they may reject the application completely.
Is there any advice on this? Is there anything about custom and practice that can be quoted? I'm aware that employers can change working hours, but this change would make life very difficult from a childcare perspective and also because the work is very stressful at the moment and the employee can't face the thought of working an extra day (and would probably have to resign).
TIA
Employee has worked for employer for 5 years, always part time (0.8, so 4 days per week). Day off was initially to complete a qualification, then to care for children. The actual day off has been the same day for 4 years, but is not specified in the contract.
The contract states XX hours "in accordance with the service requirements" (which I wonder is the catch all for changing hours if required).
New boss has firstly disputed the hours, wrongly saying that the employee is being paid for the day off (proved not to be the case by referring to the contract and pay slips), then says that just because they're not physically in work it doesn't mean they shouldn't be working (planning etc) - again I don't think this should be the case.
HR are saying that a flexible working application needs to be completed to "fix" the day off. However, there is a concern that once completed, they may reject the application completely.
Is there any advice on this? Is there anything about custom and practice that can be quoted? I'm aware that employers can change working hours, but this change would make life very difficult from a childcare perspective and also because the work is very stressful at the moment and the employee can't face the thought of working an extra day (and would probably have to resign).
TIA
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Comments
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Is the amount of hours in the contract the same as the hours being worked now??0
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Is the amount of hours in the contract the same as the hours being worked now??
Yes. The contract is being worked to as it has been all along.
If I'm being charitable I'd say that the new boss doesn't understand the working arrangements. Although I'm not sure what's complicated about working a fixed 4/5 days...0 -
sweaty_betty wrote: »Yes. The contract is being worked to as it has been all along.
If I'm being charitable I'd say that the new boss doesn't understand the working arrangements. Although I'm not sure what's complicated about working a fixed 4/5 days...
I'd say you don't apply for any alternative in that case, and wait and see if they try to impose any change of hours.
They legitimately could, but it would seem to be silly to lose and employee over this0 -
I'd say you don't apply for any alternative in that case, and wait and see if they try to impose any change of hours.
They legitimately could, but it would seem to be silly to lose and employee over this
Thanks. At the moment, the employee can't remember or find any evidence of a formal application for the specific day off, it just states the part time hours in the contract (and it's accepted practice now for the past 4 years - if that counts for anything)
Because of this, would it be worth putting in the application?0 -
For what it's worth, I think they are desperate for staff and can't seem to recruit people, so wonder if this is their way around it, by trying to get people to increase their hours.
I think it will have the opposite effect in this case as the employee is very clear that their mental health will suffer if they increase their hours (work is stressful enough at the moment as it is).0 -
If her contract states the correct number of hours, I think I'd ask HR precisely what needs to be 'fixed'. Are they looking to increase her hours, or to change her non-working day? That might concentrate their minds if it's all down to the manager jumping up and down.
Because I don't think this sounds like a flexible working arrangement, not if there is a formal contract in place for the correct number of hours.
I suppose it's too much to hope that she's a member of a union?Signature removed for peace of mind0 -
I am not sure what they are asking
for arguments sake if contract sates you work 40 hours (10 per day)
Are they asking you to still work 40 but spread over 5 days (8 per day)
Or work 5 days (50 hours)
If its the second option I don't think they can but it if its the first there may be grounds for them to ask you.0
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