Question about employer changing work pattern

Smallfries

Hi all.

I work in an Office. About 4 years ago I compressed my hours for childcare reasons. I suffer from depression and have just returned to work after long term sick due to this. Background info - while I was off I first was given a 3 week sick note. I was called into a meeting on the same day as it ran out but the doc have given me another 10 days days, at this meeting my manager immediately took me off temp promotion saying they had to pay someone else to do the job, I was basically treated like filth. My depression got worse for various reasons but I ended up with more sick notes... Employer insisted on a phone call every wed to keep me updated with work. With comments like "it's really busy but we are coping" made me guilty for my colleagues. I ended up having a really bad episode where I ended up at hospital. Work pushed and push for occupational health referral and to contact workplace support regarding getting counselling for my issues. I had already been referred by my doctor and HR told.me not to do.both. Anyway I ended up with a written warning for sick leave as they didn't believe that they actually contributed to illness. Since I have been back I found out things like everyone getting a bonus for a new computer system I did all the testing on, they raffled off Christmas presents but didn't include my.name when in the past maternity leave folk have been included. Anyway today I am.called into the office and said that senior management have concerns about my compressed hour days are too long and I have to revert back to 5 days. Due to school run I can't do it. I already put my daughter in breakfast and after school club 4 days a week. Other Family members cannot help with school run so I am stuck. They are forcing.me to change back. They have given me a few weeks to sort it. My manager said " we all had kids and sorted it" to which I replied that she worked part time till her youngest was 15 to pick.him up from school. Then they said as I have issues and depression they are not prepared for the chance of me being.in office alone in case I have an "episode"
As you can.imagine I am not amused. Do I have to accept this?

Frankieandbenny

I have no idea of the legal ins and outs of employment, so I won't pretend to know, but I have been in a similar position and was off work for 6 months due to mental health issues. My employer was the nhs and they were really quite supportive, i had a meeting every 2 weeks with the 'upper management' and they never rushed me to get back to work or made me feel like I was putting them in a bad position. I think it's important for you to have little stress, even though you're back at work and doing better which is good I don't think its worth jeopardising the progress. I think you should join a union now and gain proper, sound advice from them.
Good luck and hope you manage to sort it out x

bluenoseam

Smallfries wrote: »

Hi all.

I work in an Office. About 4 years ago I compressed my hours for childcare reasons. I suffer from depression and have just returned to work after long term sick due to this. Background info - while I was off I first was given a 3 week sick note. I was called into a meeting on the same day as it ran out but the doc have given me another 10 days days, at this meeting my manager immediately took me off temp promotion saying they had to pay someone else to do the job, I was basically treated like filth.

My depression got worse for various reasons but I ended up with more sick notes... Employer insisted on a phone call every wed to keep me updated with work. With comments like "it's really busy but we are coping" made me guilty for my colleagues. I ended up having a really bad episode where I ended up at hospital. Work pushed and push for occupational health referral and to contact workplace support regarding getting counselling for my issues. I had already been referred by my doctor and HR told.me not to do.both. Anyway I ended up with a written warning for sick leave as they didn't believe that they actually contributed to illness.

Since I have been back I found out things like everyone getting a bonus for a new computer system I did all the testing on, they raffled off Christmas presents but didn't include my.name when in the past maternity leave folk have been included. Anyway today I am.called into the office and said that senior management have concerns about my compressed hour days are too long and I have to revert back to 5 days. Due to school run I can't do it. I already put my daughter in breakfast and after school club 4 days a week. Other Family members cannot help with school run so I am stuck. They are forcing.me to change back. They have given me a few weeks to sort it. My manager said " we all had kids and sorted it" to which I replied that she worked part time till her youngest was 15 to pick.him up from school.

Then they said as I have issues and depression they are not prepared for the chance of me being.in office alone in case I have an "episode"
As you can.imagine I am not amused. Do I have to accept this?

You need more indepth advice than I could ever dream of giving, but I don't see this as being "unreasonable" from some of these points. The phone call thing is bog standard for most sick procedures & ultimately they gave a generic "no detail" response to you with regards to how they were getting on. Bonuses are rarely guaranteed & as a result regularly discretionary, so that's dependent on your contract.

Your kids however are your concern, not your employers, ideally you'd want cooperation, but they're under no obligation to do so. They've pointed out why they believe you compressing your hours into 4 days is no longer viable - which again is not unreasonable. You have the right to request flexible working, but they have the right to dismiss that request.

I think you're looking at it from a perspective of being annoyed with them, I don't know what the truth is as I have only "heard" one side. I think that you may need to take a step back & try to see it subjectively.

Undervalued

Basically your legal rights are very limited.

If your illness amounts to a disability (for employment law purposes) then you employer would be obliged to make "reasonable adjustments" although these often don't go as far as people imagine.

However, generally depression etc does not constitute a disability unless it has been going on very long term and / or is particularly severe. Without a "disability" they are not obliged to make any adjustments at all.

You have a right to request flexible working and the employer must consider the request. However they are not obliged to agree.

Smallfries

I'm sorry for any misunderstanding. I have flexible working which I have had for about 4 years now. They want me to revert back. Forcing me really. I am asking advice as if I applied for flexible working then isn't that a change in my contract so they can't change it back without agreement

Undervalued

Smallfries wrote: »

I'm sorry for any misunderstanding. I have flexible working which I have had for about 4 years now. They want me to revert back. Forcing me really. I am asking advice as if I applied for flexible working then isn't that a change in my contract so they can't change it back without agreement

Don't be so sure!

It is generally FAR easier than most people realise for an employer to change your contract terms. Ultimately if you can't agree they can impose a change leaving you with only two options. Either you accept it (which happens by default if you don't positively reject it) or you resign and claim unfair dismissal. It would then be up to a tribunal to decide if the change was reasonable or not. Significant changes are often found to be reasonable and can easily be justified by citing "business reasons" and saying the alternative was redundancy.

If you win you will get some compensation but you are still without a job.

Smallfries

So would the fact I am asked to change and the reduce hours ppl aren't be helpful in any way. I think they are using the "it's your interest " line to suit themselves. Strange thing is, changing this will cause me more stress and anxiety than working longer days!

Undervalued

Smallfries wrote: »

So would the fact I am asked to change and the reduce hours ppl aren't be helpful in any way. I think they are using the "it's your interest " line to suit themselves. Strange thing is, changing this will cause me more stress and anxiety than working longer days!

I'm afraid I don't understand your first sentence.

However, if you are considering rejecting a change they are insisting on making then you need to get some professional one to one advice on the risks and implications.

I suspect you are right about the "it's your interest" line and if you have evidence of that it MIGHT make it harder for them to use the "business reasons" justification.

goggle

I ended up with a written warning for sick leave as they didn't believe that they actually contributed to illness.

You seem to blame your employer for your depression, and don't seem to be coping with the compressed hours, so the employer looking after your wellbeing by spreading your hours over 5 days & ensuring you are not working alone sounds very caring and like they are trying their best to help you.
I'm afraid that your childcare issues are not their problem. If your daughter is in before/after school care 4 days a week, why can't she go for 5 days just until you have recovered from this illness - maybe in September you will be able to negotiate compressed hours again?

Smallfries

No I'm.not.blaming them for my depression but they have certainly contributed to it with various things. Cost of after school club and the actual lack of places is why she can't go more than she does. The waiting list is massive... They only put her in to start with as she had a real hate of the club that picked her up.

Kynthia

In my work any flexible working request that is granted has to technically be re-applied for every year. Interestingly we did notice a few years ago that there was a much higher incidence of long term sickness with those on compressed hours, but I don't know if we had a large enough sample to state that this is the same everywhere.


Give ACAS a ring if you don't have a union you can talk to. Also if they don't want you working long hours and you don't want five days a week, would working a part-time four day week be an option? I know it would be less money for you but could be a temporary solution until a longer-term one could be found.