flex working - date of submission/children - which trumps which?

Posting on behalf of a friend of mine – she’s an older lady and not computer au fait – she provided some background so I have included it – but for the short version go to the bottom

Margot works in a large remote archive. She has worked there for 18 years, full time, no issues. Likes the job but it’s not for everyone as you can go all shift without seeing a single soul, all day, everyday – but its laid back, pays well, has a good pension and she can have the radio or an audio book on while working – Enjoys the work and never missed a target or had a day off sick.

There are only three staff and one security person. Each team member has their own areas and tasks so they don’t overlap or see each other at all except for ensuring someone is on site. The only rule is that there needs to at least one member of staff on site during the open hours.

The site has never had any management – it’s been pretty much autonomous for the 18 years Margot’s been there– just the three staff and security. So there is very little to manage– (pay/cleaning/housekeeping and workflow allocation is done remotely by head office in another country) The archive is staffed early morning to late evening and then security looks after the place over night.

The other two members of staff (been there 3 and 5 years respectively) both came back from maternity at almost the same time. The two ladies approached Margot and said that they were struggling with a work life balance and for a short time they needed her to do a split shift (open up/short early shift go home/ short late shift /close up = same hour’s overall). This meant the ladies were doing a set day and could fit in day care, nursery and other family commitments. Margot, remembering how hard being a new mum was, agreed. Its awkward, time consuming and is costing her extra petrol and mileage - but she liked helping the other ladies out for a short time. They were very appreciative.

However there has been a bit of bother at work - Margot’s not aware of what about (it’s not got anything to do with her – so she keeps her nose out) – It must have been a bit of a big deal as manager was flown over to review the two ladies.

She investigated the issues and as part of the review she changed around some of the working areas, put in some new work rules, a new system that tracked the workloads more scrupulously. She reinstated physically clocking in and out with security (not done since before Margot’s time ) and lastly…….the old rota.

The two ladies then promptly refused. They said to the Manager that Margot had requested this flexible working and now due to ‘custom and practice’ – this was her shift whether she liked it or not. They point blank refuse to do the early/late shift as they believe she had set a precedent and this therefore superseded the rota. Margot was really upset as this is a lie, she never requested this working pattern she did it to be helpful and a good colleague. It seems the ladies have enjoyed not having to do shifts and this was the reason they kept pushing back the change back - taking advantage of her soft side.

In light of this upset and her impending retirement Margot, with the assistance and at the active prompting of the manager, has formally requested flexible working – to do a slightly earlier start, shorter lunch and earlier finish. Which the company have preliminarily accepted pending review.

On finding this out the ladies have now lodged a formal grievance that Margot’s submission should be considered AFTER theirs - which is to keep the status quo - as they have children. The company said they will have to take guidance on this but they believe the ladies rights, as they have children, supersede hers – though it’s a moot point at the moment as the ladies haven’t submitted any paperwork.

Now I have had a quick look on the .gov and it does say anyone can apply for flex working but it doesn’t say if one groups status can be considered over another – is that down to the business?