Sunday working & flexible working requests

shannalicious

Hi just looking for a bit of advice as I'm struggling to come across it online.
I have a flexible working request in place currently with my work, it's due for renewal at the end of April I think. I would like to opt out of Sunday working asap, I know I can only lodge one flexible working request per year but would the opt out be considered as a request and I'd need to wait till April to do it or is it different and I can do it anytime?
I appreciate any advice anyone can offer thanks!

Guest101

It depends - I guess primarily how valuable you are to your employer vs how easily they can cover the work.


Whilst you can have one formal request, it's just a request and can be turned down. So it's no different to having an informal one, except if they say no, they don't 'need' to justify it

shannalicious

But the opt out isn't a request really, I'm entitled by law to opt out of Sunday working so it can't be refused. I'm just confused if I can do it at anytime as I know you can only make one flexible working request per year and not sure if this falls under that type of thing.

Covering the shifts aren't an issue. Neither is my value within the store.

Guest101

shannalicious wrote: »

But the opt out isn't a request really, I'm entitled by law to opt out of Sunday working so it can't be refused. - yes you are, but then your flexible working request is up for renewal.... I'm just confused if I can do it at anytime as I know you can only make one flexible working request per year and not sure if this falls under that type of thing.

Covering the shifts aren't an issue. Neither is my value within the store.

Well that's debateable, obviously it would be an issue if others were to do so too.


Your 'value' was in relation to - will they keep you on? Are you on zero hours? etc.

TELLIT01

Well you learn something new every day. I didn't realise people could opt out of Sunday working, even if they had agreed to Sunday working when employed.
There is always the risk that your employer will decline a future request for flexible working at other times in the week, but that's something you would need to take up with them if the need arises.

shannalicious

Yes it would be an issue if others were to do it too but thats pretty unlikely.
I have a permanent fixed contract. I can't be penalised for opting out so yes I'll be kept on.
My flexible working request will obviously be affected as a Sunday is within my availability currently but I'll be adding on an extra weekday to compensate for this.
To be honest my managers are extremely fair and reasonable, I have a good working relationship with them & I can't see when it comes to renewing my request that the Sunday working opt out will be an issue.
All I'm asking is if I can put it in now and stop working Sundays sooner rathe than later.

Guest101

shannalicious wrote: »

Yes it would be an issue if others were to do it too but thats pretty unlikely.
I have a permanent fixed contract. I can't be penalised for opting out so yes I'll be kept on. - That's a bit naïve, of course you can be. Whether it's annual leave requests or reference or future requests.
My flexible working request will obviously be affected as a Sunday is within my availability currently but I'll be adding on an extra weekday to compensate for this. - but what if they decline the whole request?
To be honest my managers are extremely fair and reasonable, I have a good working relationship with them & I can't see when it comes to renewing my request that the Sunday working opt out will be an issue. - fair enough. Only you can know that
All I'm asking is if I can put it in now and stop working Sundays sooner rathe than later.

I believe you can do so at any point.


.GOV (and first google hit) : Opting out of Sunday working. All shop and betting shop workers can opt out of Sunday working unless Sunday is the only day they have been employed to work on. An employee can opt out of Sunday working at any time, even if they have agreed to work on Sundays in their contract.

shannalicious

I'm not being naive. There's already another person in my work who opted out of Sundays years ago & she gets treated just as fairly as the rest of us.
Yeah I don't have any guarantees that they will definitely accept the new request but then they have to give me a valid reason as to why they can't accept it and from my point of view I can't see one.
Yeah I already seen that but noted that it doesn't say anything about affect a flexible working request which in my case having agree availability on a Sunday it does.

shannalicious

Only in retail and betting shops. You can opt out unless you were employed solely to work on Sunday.

Guest101

shannalicious wrote: »

I'm not being naive. There's already another person in my work who opted out of Sundays years ago & she gets treated just as fairly as the rest of us. - So? They can legally treat you differently with no issues.
Yeah I don't have any guarantees that they will definitely accept the new request but then they have to give me a valid reason as to why they can't accept it and from my point of view I can't see one. - 'Due to business reasons' pretty much covers everything.
Yeah I already seen that but noted that it doesn't say anything about affect a flexible working request which in my case having agree availability on a Sunday it does.

Well you will be breaching the flexible working agreement, what do you expect will happen?

agrinnall

Are there other members of staff who are queuing up to work on a Sunday but can't because you are already doing it? If so, then making yourself unavailable for Sunday working may not have any effect on your flexible working request. But if it makes it more difficult for your employer to properly resource Sundays then you should expect a quid pro quo reaction to your flexible request.