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

Snuggles

OP I think you have had some harsh responses here. If a flexi time arrangement is available to all other staff at your place of work, I can see why you would have assumed this would continue to be available to you when you changed to part time hours. In the last few years I went from full time to part time under a flexible working request and then back up to full time. At no time was the issue of working flexi time discussed or recorded on any of the flexible working request forms - flexi time is available to everyone where I work whether they are part time or full time. However, no specific start or finish times were recorded either - just the number of hours I would be working.

I think unless your employer has a business reason for needing you in the office between those specific times, they are being unreasonable denying you a perk that is available to full time staff. However, I'm not sure if there is anything you can do about it, as they have granted your flexible working request (i.e. part time hours) and you appear to have agreed to set start and finish times.

Darksparkle

What does your employers flexi policy actually say?

I've been in one job (call centre) that I had to start/finish at a set time. If people came and went as they please there wouldn't be any cover. If you wanted to start later or finish earlier you had to apply for it. I could however start earlier and work later and take a shorter lunch to build flexi.

In my current job (which is an offline role) you can pretty much come and go as you please as long as as your flexi is within set limits.

But this is all outlined in their policy. This applies to all staff whether part time or full time.

TBagpuss

I don't think that there is anything inherently unreasonable about your employer expecting you to work your set hours.

It sounds as though the fixed hours are part of your contract, as they were specifically referenced when you negotiated the part time work. They may well have been even before that - even if there were not explicit times in your original contract it may well have said something allowing the employer to specify what times you had to be there.

If you are saying that there is an explicit policy that other employers are allowed to be flexible ad that you are excluded from that because you work part time, then that *may* be a valid concerns - treating part time workers less favourably than full time can be a form of indirect discrimination.

However, if the reality is that everyone is expected to show up on time but that individual managers chose to turn a blind eye to some employees some of the time, then that is a little different.

It's also worth bearing in mind that it may be more of an issue to have you working non-standard hours because you are not full time - they may feel that it is particularly important that you are consistently at your desk (or equivalent) on the days that you do work, so that you are available when customers or other staff members need to be able to speak to you.

You could ask to speak with your line manager and ask whether they are willing to consider reviewing your hours, and whether there are specific reasons for them not wanting you to be more flexible (as if there are specific reasons then it may be possible for you to address those and find a work-around)

However, based on what you say, it doesn't sound as though your employers have been unreasonable or that they are doing anything wrong.

TELLIT01

I make no apologies if this seems brutal, but all the problems are of the OPs own making. She either agreed the work contract knowing that she couldn't fulfil the requirements due to childcare commitments, or has entered into a contract with the nursery knowing that she couldn't fulfil their requirements due to work commitments.
The OP has stated that she signed a contract for fixed working hours, but seems to have assumed that she would be allowed flexible working. Where I worked, full time employees had the availability of flexi working as did some part timers. Those who, like the OP, had signed a fixed working hours contract did not have that option. The trade off was that those on flexi also had to agree to cover later hours if required (flexible hours worked both ways).
The OP seems to want everything given to her and to offer nothing in return.

silvercar

Can you discuss with the nursery the possibility of you arriving early or picking up late? I can imagine the doors may be locked if you arrive too early, but what do they do if a parent is held up and arrives late for pick-up?

Another option would be to come to a private arrangement with a member of staff/ another nursery parent or another childminder to do the drop off or pick up.

On the face of it, it seems you have a nursery that doesn't fully cover your working hours.

cte1111

It's not just unfair, but actually illegal for employers to offer one rule for full time staff and another for part time. Here's ACAS information on the subject:
http://www.acas.org.uk/index.aspx?articleid=1576

However I would add, having been in similar situations, it is difficult to raise this sort of issue officially without causing long term damage to your working relationship with your manager. Perhaps wait a while and then raise it as part of your regular progress reviews (presuming you have them)?

Or alternatively discretely raise it with HR.

unforeseen

But as you only get one chance a year to ask to change under flexible working, the OP has used here in asking to change from 5 days a week to 2. In a year she can ask to vary her start/finish time.

As start and finish times are now fixed for the OP as that is what she asked for then there may not be any flexibility left if the business uses fixed length break periods

TBagpuss

unforeseen wrote: »

But as you only get one chance a year to ask to change under flexible working, the OP has used here in asking to change from 5 days a week to 2. In a year she can ask to vary her start/finish time.

As start and finish times are now fixed for the OP as that is what she asked for then there may not be any flexibility left if the business uses fixed length break periods

It's true that you only have a right to make a formal, statutory request for flexible working once a year but there is nothing at all to stop OP from seeking to discuss to issue with their manager and asking about the possibility of changes.

comdw

Thank you for all the replies today. I have pretty much decided to leave things alone for now and accept my line managers point of view. Just to clarify on some points and answer some questions though:

TELLIT01 wrote: »

She either agreed the work contract knowing that she couldn't fulfil the requirements due to childcare commitments, or has entered into a contract with the nursery knowing that she couldn't fulfil their requirements due to work commitments....
The OP has stated that she signed a contract for fixed working hours, but seems to have assumed that she would be allowed flexible working.

I did not sign a contract for fixed working hours, what I signed said my hours would be reduced to 15 per week and all other terms and conditions of employment are unchanged. I concede that by email I agreed what was stated as the employer response part of the flexible working form.

Regarding nursery hours, I actually did believe I could make it to work in time/pick up in time - its very tight but doable. As it turns out the traffic has been worse so far than it was before I went on leave - I know, tough luck for me. However, I'm not going to move him now that he's settled at this nursery.

Darksparkle wrote: »

What does your employers flexi policy actually say?

I need to check this, its not part of the contract but may be documented so will ask.

Part of my thinking this wouldn't be an issue was based on verbal conversations which I may have misunderstood - it doesn't matter now - if its not in writing it doesn't count for much anyway.

Oh and the exact wording in my original contract:

What hours you will work
Your normal hours of work are currently 37 hours per week by arrangement with your manager. You agree to be flexible with your working hours. Changes may be introduced by <employer name> which impacts on the number of hours worked and when those hours are worked.

Brightonsbest_2

The ACAS site is very good and the people are very helpful