URGENT Working Mums rights

icklejulez

Hi everyone, my employer is phoning me this evening anytime after 8:30 so I really need some advice. Ive worked for my employer for 4 years now. Its an evening job although the business is open from 2pm till 6am. Thia means our shift patterns can start from 1:30pm and end at 6:30am. When I started there everyone did 10 hour shifts but recently they are trying to push everyone onto 8 hour shifts so they can get an extra day out of people.

Both my husband and I work there and up to now they have kinda been ok but we are soon to be moving away. We have asked that my husband continues as he has been doing working sat-tues and change my shifts from 20hours on a thursday and friday to 40hours sun-wed in order to cover petrol. We can only get childcare in an evening to work the 8:30-6:30 shift on a sun, mon and tue and therefore working one shift each seperatly.

We also have two children age 3 and 1 and as work have basically told me they dont want to agree to anything wondered if I have any rights. Firstly they are due to emplyee new staff in the near future so do I have rights to up my hours and secondly as working parents can my husband and I specify what shifts we can work as the shifts are available to other people who dont have children. I personally know other parents whose children are over 8years old get their set shifts as both parents work there but no one is going to stand up and say this has been agred its just that they have worked for the company for 20 years.

I need some advice before my manager rings me this evening to tell me what shifts she is putting me on. Last night she said Im to keep 20 hour contract and work the shifts I currently do and if they need overtime they will put me on with my husband. But currently they are putting him on 7-5 shifts which are also no good when we move house at end of the month.

icklejulez

please any advice is usefull

icklejulez

Pretty pleae, no one has read this. I just need to bump it up to gain a little attention. Sorry to be annoying.

Julez

Bettyboop

Hi, so sorry I can't help you much. But because the kids are very young I know there is a right somewhere about parents having some sort of flexibility with children under 6. Go onto the ACAS website and have a read if you have 5 minutes to spare. Alternitively, don't answer the phone when she rings you at 2030 and once you have had a little time to digest everything then phone her back. There can't be any harm in that.

wishing you all the best though.

icklejulez

Thanks the ACAS site wasnt working last night and I just didnt have time to phone them today. Ive printed out some core information I can state to my employer I just hope I know whta Im saying.

conradmum

I'm afraid the only new rights introduced for parents is the right to request to work part time, not the right to increase your hours, as far as I'm aware.
Try and get this moved to the marriage, relationships & families board so more people can see it.

icklejulez

How would I do this please?

LittleVoice

conradmum wrote: »

I'm afraid the only new rights introduced for parents is the right to request to work part time, not the right to increase your hours, as far as I'm aware.

As you say, the right is a "right to request". It's about working flexibly - which could be part-time or it could be to work different hours but the same in total. I guess it could also mean taking into account child-care arrangements when offering extra hours.

Jo_R_2

Did you go through the formal application for flexible working? If so then your employer has to give a specified reason for not granting your request. You are not actually entitled as a prent to have specific suitable hours but you are entitled to request the hours you would like and to have it formally considered.

If there are other parents as you say who have their patterns set as they are married with children then technically you may have a case for marriage discrimination. If you take a look at http://www.eoc.org.uk/Default.aspx?page=15298 and http://www.eoc.org.uk/Default.aspx?page=15300 it might help clarify things. I would also highly recommend contacting the Equal Opportunities Commission with details of what is happening as they will be able to advise you. I recently did the same with issues at work and they were excellent, also sending me a lot of information in the post to refer to. Phone them.

CFC

You do not have any rights to have your working hours increased, as you are actually asking for a contract variation which the company can agree or refuse. If there are extra hours going, you can only request that your hours are increased, but if they say no, then there is nothing you can do.

The shifts one is trickier because either or both of you can put in a request for flexible working. Whether the employer can fulfill it will partly depend on the impact on the business, eg they have to show a business justification for refusing it - and this will depend on the business.

Jo R is right - you need to put your request in writing (one or both of you) and explain why you are making this request, and the company will need to respond in writing. You can't always specify the shifts you will work and get automatic agreement - for example, if the employer only needs one person to do a specific task at 8pm, they won't be obliged to put two people onto it to meet your request, if they cannot move the other person off ( eg you may have a fully flexible contract, they may have a fixed hours contract, so taking that person off would be directly breaking their contract of employment). But they would need to give you the reasons for refusing and then you could consider your position.