Flexible Working

skintandscared_2

Jarndyce wrote: »

Yes - its not quite that black and white following recent case law developments - she would need to actively engage with the employer in identifying alternative positions in order for that requirement to kick in, but it is a good point. I think the legal establishment shares your concerns about this requirement sas!

That's encouraging news, thanks Jarndyce!

tizerbelle

Emmzi wrote: »

Even if she got her request now it's an annual review - request good for 12 months - so she may get the hours Sept - Dec and then stuffed when the company review and recind.

That's not correct. Under the flexible working legislation you are limited to making only one request every year but any change is not valid for just a year. You are (unless otherwise specifically agreed as a temporary change) requesting a permanent change to your terms and conditions.

mildred1978

tizerbelle wrote: »

That's not correct. Under the flexible working legislation you are limited to making only one request every year

So she's screwed for next September then.

tizerbelle

mildred1978 wrote: »

So she's screwed for next September then.

It depends. That is the statutory minimum. Employers can allow more applications in their own policy if they wish to do so.

The OP will be the only one to answer that by reading their employers flexible working policy - assuming they have one. If they don't then statutory limits would apply but only if the employer is well up enough on the rules to be aware of it.

Emmzi

tizerbelle wrote: »

That's not correct. Under the flexible working legislation you are limited to making only one request every year but any change is not valid for just a year. You are (unless otherwise specifically agreed as a temporary change) requesting a permanent change to your terms and conditions.

My apologies, yes, thinking of local agreements/ business specific policies. For example this one (section 4.6) allows for annual review.

http://www.derbyshire.police.uk/Documents/About-Us/Freedom-of-Information/Policies/FlexibleWorkingPolicy.pdf

(not where I work, just an example)

SarEl

tizerbelle wrote: »

If they don't then statutory limits would apply but only if the employer is well up enough on the rules to be aware of it.

The employers are lawyers! What would you wager that if they didn't know all the rules before, they do now? But this is all speculation and there is no point in scaring the OP's SIL more than she probably already is. There are a lot of possible outcomes here - some of which are not so good (flexible working refused, redundancy) and some of which are (request agreed, employer wants to cut hours anyway and they can reach an amicable agreement). Not all employers are bad, not all lawyers are bad. All we know is that the employer has very reasonably said that they don't know what their world will look like next September so they can't decide now. If anything, the OP's SIL may have an advantage - she has lots of time to think and reflect on what her position is in relation to potential changes. She can work out what her optimal working pattern might be, think about what "the most" and "the least" is that she could live with, consider how she might be able to offer more fllexibility to the employer - she has time to think about her needs and arrangements too. If nothing else, it would appear, she potentially has one of the longest consultation periods in history and can use this positively.Rather than see this as doom and gloom (which if it is, that's what it will be anyway) she can see it as an opportunity to be well armed and well-prepared.