Flexible Working ??

*Kat*

I'm posting on behalf of my OH.

He has worked as a bus driver for 6.5yrs at the same company. He has been accepted to college and due to start end of August,

In April this year, he spoke to his line manager about moving to a part time rota, to which he was told he has to work for the company for 20 years before he will be considered for the part time rota. BUT. That he should put it in writing and they'd reply in 3mths. So I used the Flexible Working template letter and he sent that in.

They responded after three months asking for his timetable, which he recently received from college.

ANYWAY, I just wanted to know if they can legally require 20 years service before considering someone for part time or not? And if he has any legal working rights

If not, he'll just have to find somewhere else, which is okay too!

jobbingmusician

Well, as with so many things I didn't know the answer to this, so I googled 'flexible working' (as I DID know that employers have to consider it).

I found https://www.gov.uk/flexible-working/overview

From the look of this, it seems that employers cannot unilaterally state that they won't consider flexible working unless someone has worked there for 20 years - using this as an excuse (which I wouldn't have thought they would be stupid enough to do in writing) would be automatically a reason to take the employer to tribunal.

TELLIT01

Can they have a 20 year rule? Probably not legally, but neither to they have to agree to a flexible working request. If they say that they can't cope with more part time workers that's pretty much the end of it unless there are major extenuating circumstances behind the request.
The manager has already indicated that it is unlikely that his request will be accepted, so I hope he hasn't already paid for the course.

silverwhistle

In most areas there is more than one bus company. Any chance of another job? There certainly would be in my area, but I appreciate this is not the case everywhere.

bugslet

*Kat* wrote: »

In April this year, he spoke to his line manager about moving to a part time rota, t,

I just wanted to know if they can legally require 20 years service before considering someone for part time or not? And if he has any legal working rights

Can I ask the employment bods on here, is there a difference between part time and flexible? What's the definition of either - or does it amount to the same thing?

TELLIT01

Many companies seem to use the term 'flexible working' to cover all situations where people are not working a 'standard week' e.g. 'standard week' of 35 hours over 5 days, any variation from that is termed 'flexible working'

ohreally

TELLIT01 wrote: »

Many companies seem to use the term 'flexible working' to cover all situations where people are not working a 'standard week' e.g. 'standard week' of 35 hours over 5 days, any variation from that is termed 'flexible working'

I think you'll find the term to be more basic, flex working means the employee will be at the employers beck and call whenever required.

Flexibility tends to be a one way street.

*Kat*

Yeah - I mean, he's happy to look for work elsewhere, but I wanted to know if they can say that unless he's had twenty years' service, he wont be considered...

He is looking for other jobs anyway and will definitely be going on the course.

poorlittlefish

The OP said that her OH submitted a flexible working request template letter and after 3 months the employer asked for his college timetable. The flexible working regulations state that the employer must give the employee a decision on their request within 3 months, not take that long to ask for information.

getmore4less

poorlittlefish wrote: »

The OP said that her OH submitted a flexible working request template letter and after 3 months the employer asked for his college timetable. The flexible working regulations state that the employer must give the employee a decision on their request within 3 months, not take that long to ask for information.

putting the request in that early could have backfired because there would be no details of what flexibility was required without a time table.

Could have been rejected triggering the year till next reqiest.