Flexible Working::advice and help needed

titewad_2

I have been employed at the same firm for over 15 years.For Around the last 3 I have been on a flexible working agreement(applied for and accepted at the suggestion or Personel dept. at the time) to facilitate the care of our son(now aged 14) who has Aspergers Autism(in receipt of DLA for this condition).He also has ADHD and Dyspraxia.It also doesn't help that our daughter(12) has ADD.Both are on medication for the hyperactivity disorders but no cure for the Aspergers.
A new manager and a new H.R. dept. now wants to "rationalise all non standard shifts" and have said I now have to reapply for the flexible working stating that there is a chance/probability that they won't be able to accomodate me.
I currently work rotating weeks of mon.-fri. 6am-2pm and 10am-6pm(instead of 2pm-10pm) I desperately need to keep these hours as caring for both children is extremely difficult, although the application can only be made for our son as the Aspergers qualifies him as disabled..
Manager has told me that they do not have to approve my application.I told him that the DTI website says that they have to give it proper consideration but I get the feeling he has his mind made up as he just wants everyone to conform to the same thing.
This is a large company with 500 plus employees and has not caused any problems in the past.Equipment is there for me to use on the "non standard" week.People are always finishing and starting extended shifts(12hrs) as I come in at 10am and similarly are also coming in to start extended shifts as I leave At 6pm.I also have to do the extended shifts 1 maybe 2times a week although it is always 6am-6pm for me.
They have posted me the forms to fill in and reapply which are exactly the same as the original ones, and state that if granted that it is a permanent change to my terms and conditions.Well that was what the first one said and now it seems permanent doesn't actually mean permanent as I have to apply again.This is an extremely worrying time for us at the minute so we would appriciate any advice that will help us.

Savvy_Sue

I'd have thought that you'd have a strong case for this continuing given that it's already working and been working for some time.

However, the two organisations who might be well placed to give you advice are ACAS and Working Families.

My understanding is that if your contract is for flexible hours, they can't alter that without your agreement. And presumably you have your current agreement in writing?

elmer

I had a similar problem with my previous workplace, although my arrangement was informal as flexible working hadnt been put in place then. I went to my union, who arranged that I would continue with my hours until a hearing could be held, but they also told me that as I was a woman caring for children, and my hours didnt cause hardship to the company and I had been doing them for two years that there was no way I could lose, but just in case they had a barrister who wold take it on, and was very keen.
Anyway six months down the line they backed down, and I was able to carry on.
Please stick to your guns, employers seem to take whims that have horrendous consequences for the lives of their employers just because it looks like a good idea on paper.If the company is large enough one persons hours are irrelevant to the smooth running

Good Luck Elmer xxx

titewad_2

Savvy_Sue wrote:

I'd have thought that you'd have a strong case for this continuing given that it's already working and been working for some time.

My understanding is that if your contract is for flexible hours, they can't alter that without your agreement. And presumably you have your current agreement in writing?

Yes I have a letter of agreement but the company say they have no record of it so I will photo copy that to show them.Also as I mentioned in my OP,the front cover of the form says
"if granted this represents permanent changes to T&Cs".(they don't want to pay any attention to that either)
However today I have been given 12 weeks notice to return to normal shifts.Obviously I don't agree with this and am still entitled to submit the flexible working form but They are more or less saying to me there minds are made up already and I am just going through the motions for them to refuse it.
In the past they just change contracts because existing ones no longer suit them and whether we sign or not they say that turning up for work the next day constitutes agreement.However don't turn up and you effectively terminate your own employment so no benefit entitlement.They are currently doing it to others now who were on specific contracts that the company drew up to suit them several years ago.

titewad_2

elmer wrote:

I had a similar problem with my previous workplace, although my arrangement was informal as flexible working hadnt been put in place then. I went to my union, who arranged that I would continue with my hours until a hearing could be held, but they also told me that as I was a woman caring for children, and my hours didnt cause hardship to the company and I had been doing them for two years that there was no way I could lose, but just in case they had a barrister who wold take it on, and was very keen.
Anyway six months down the line they backed down, and I was able to carry on.
Please stick to your guns, employers seem to take whims that have horrendous consequences for the lives of their employers just because it looks like a good idea on paper.If the company is large enough one persons hours are irrelevant to the smooth running

Good Luck Elmer xxx

Unfortunately I do not belong a union.Couldn't see the point in wasting subs when the company won't recognise the union.
I echo your point regarding my hours being irrelevant to the smooth running but they just want to erradicate all non-standard shifts(some of which were specially created by themselves) regardless of effects to staff.We cease to be people when we enter work,we are just objects of productivity that have to tow the line and be a nice neat column on a spreadsheet,or get replaced by an eastern european worker

lynzpower

titewad wrote:

Yes I have a letter of agreement but the company say they have no record of it so I will photo copy that to show them.Also as I mentioned in my OP,the front cover of the form says
"if granted this represents permanent changes to T&Cs".(they don't want to pay any attention to that either)
However today I have been given 12 weeks notice to return to normal shifts.Obviously I don't agree with this and am still entitled to submit the flexible working form but They are more or less saying to me there minds are made up already and I am just going through the motions for them to refuse it.
In the past they just change contracts because existing ones no longer suit them and whether we sign or not they say that turning up for work the next day constitutes agreement.However don't turn up and you effectively terminate your own employment so no benefit entitlement.They are currently doing it to others now who were on specific contracts that the company
drew up to suit them several years ago.

]

Speak with acas. If they "dont want to pay attention" to that, then quite frankly they wont want to pay attention to the fact that they are changing your contract without consent.

this company sounds very unlawful and such you sohuld get acas involved to "advise them" in the first instance. Otherwise you may well have a case for constructive dismissal.