HELP - Flexibility to do nursery pick-up/drop-off, what are my rights/options here?

comdw

I recently returned to work from maternity leave. I was full time when I went on maternity leave but requested to come back 2 days a week initially which my employer had me formally request using their flexible working application form. The request was duly granted and it was agreed that I would work part-time, 15 hours a week instead of my previous 37, on Monday and Tuesday.

My son is now at nursery on these days and the hours are a strict 8am till 6pm. I didn't think drop-offs and pick ups would be a problem as they have a flexi-time arrangement at work, however my line manager is now saying I can't have this flexibility any more as I'm part time and agreed to exact start and end times of 8.45am to 5.15pm (the journey often takes around 45 minutes but traffic means it often takes a little longer).

I wrote an email to my line manager asking for a mere 15 minutes of flexibility so that I could do either the drop off or the pick up (otherwise my husband will have to keep doing both as he is now), and committed to make up the time out of my lunch our or by leaving later or arriving earlier, i.e. I would always do 7.5 hours. My line manager has turned this down saying that I must be at the office from 8.45 to 5.15.

Having checked a few things, its not clear to me exactly where I stand and whether I can take this any further. What I know is:

- I have always "known" the standard hours to be 8.45 to 5.15, however everyone gets so called flexi-time as long as they are there for core hours.
- I have a copy of my original employment contract and it does not state any official start or end time nor a mandatory lunch break of any specified amount of time.
- The response section of the flexible working application form filled out by my employer/line manager however does mention the start and end times. I did not need to send back a signed copy of this but did agree to it by email.
- However the HR form to accept the changes to my employment contract was sent in the post for me to sign and return and importantly it only says that my hours of work will be 15 hours instead of 37, my adjusted salary and annual leave entitlement and finally "all other terms and conditions of employment are unchanged", i.e. nothing about the start and end times.

Before maternity I would often get to work early and also leave early and this was not a problem. My expectation was that this would be no different, especially as I had talked informally to my line manager about not returning to full time work due to child care commitments etc. I feel like they have either tricked me into agreeing to something that will be almost impossible for me to do (would it be too much to say constructive dismissal?), or my line manager is under the mistaken (I hope) impression that becoming a part-time employee is the same as being a "flexible" worker, i.e. that my "flexibility" is that I only have to work 2 days a week.

Have I messed up here by agreeing to the flexible working outcome with those exact hours specified? I'm sure there are rules about them not being able to put me at any disadvantage or discriminate in any way by making a flexible working request. I in fact feel that I do not have a flexible work arrangement at all but rather have simply reduced my hours/days to that of a part-time employee which again I'm sure I've read that they have to treat part-time and full-time workers exactly the same.

Can anyone help suggest what my next course of action to be? I just want to be able to drop off my son at nursery without stressing about being late for work and getting a disciplinary when I've only been back a few weeks.

Tiddlywinks

You have a right to request flexible working - the business has a right to refuse that request if the change cannot reasonably be accommodated.

You work two days a week - is it too much to ask that you abide by the agreed hours of attendance? Really?

Just share the drop off or collection times with your husband - for those TWO days.

comdw

Tiddlywinks wrote: »

Just share the drop off or collection times with your husband - for those TWO days.

But that is ALL I want! If I do the drop offs I'm going to sometimes be a few minutes late that's all. To do the pick up instead I'd have to leave 15 mins early. I put this to my line manager and it was refused.

And I was clear I would still work the 7.5 hours...

bugslet

It isn't ALL you wanted, you moved from full time to two days, a request the business could have turned down.

Whilst I agree it may seem petty, they have been accommodating and ultimately it's a business and doesn't have to work round it's employees.

Can no-one else do those times for you?

warby68

One answer is a nursery nearer to your workplace than your home.

I have worked a number of different patterns since mine were babies - the hours per week were subject to a contract but start and finish times and even days of week were subject to local arrangement , and change if business needs require it.

Not sure you have any more 'rights' than those you have exercised already.

Be careful with your approach here - flexibility needs to be a two way street.

Jackieboy

Could you find another nursery with a shorter journey time?

comdw

Ok thanks, guess I just believed the times wouldn't suddenly become a problem after I signed something that said nothing else would change apart from total hours per week.

My husband's work officially starts at 8 but so far they haven't minded him coming in at 8.30 after drop off. Unfortunately we work in different directions from home so if the nursery was closer to my work he likely couldn't help with the drop off/ pick ups.

warby68

comdw wrote: »

Ok thanks, guess I just believed the times wouldn't suddenly become a problem after I signed something that said nothing else would change apart from total hours per week.

My husband's work officially starts at 8 but so far they haven't minded him coming in at 8.30 after drop off. Unfortunately we work in different directions from home so if the nursery was closer to my work he likely couldn't help with the drop off/ pick ups.

But you wouldn't need his help then would you?

I think you have perhaps interpreted working practices in a way that suits you but wasn't actually the real deal. You have missed a key point and taken something for granted that needed talking through when you negotiated flexible working. Employers aren't out to 'trick' you. Its easily done, especially after maternity leave when your focus and work mind need sharpening again. I have been there and done that. I'd keep quiet, let your husband carry on for a while and perhaps sound out your line manager again in a few months when you've proved yourself 100% reliable.

bouicca21

So your husband's employers don't mind him coming in late two days a week? In that case, what's the problem? Childcare is after all as much his responsibility as yours.

And of course if they did mind, he could request flexible working ...

Tiddlywinks

comdw wrote: »

I wrote an email to my line manager asking for a mere 15 minutes of flexibility so that I could do either the drop off or the pick up (otherwise my husband will have to keep doing both as he is now), and committed to make up the time out of my lunch our or by leaving later or arriving earlier, i.e. I would always do 7.5 hours.

You both chose to have a baby so this should all have been considered and planned for.

Your husband is able to make the nursery run for those TWO DAYS you work - so, what's the problem?

Tigsteroonie

A "flexible working request" is not a request that your employer be more flexible about your working hours. It is a request for an adjustment from your previous working arrangements. You submitted a flexible working request to work just two days per week (which your employer could have declined) - that is your flexible working arrangement.

I'd give it a year, then ask for a review of your current flexible working arrangement to include more variation around start and finish times, effectively a flexitime request. In the meantime, prove yourself to be an invaluable employee that they want to retain.