Need some advice

60katy

It stated on gov website that my boss should reply in writing which I have not had. My hours have been cut but I have always worked afternoons . In my letter to ask to cut my hours I did put that I have worked these days and tines since 2015 and that I wanted to work 2 of these shifts but they have changed to morning and as a carer it means I have to change things now which is why I said 2 of the 4 I have been doing since 2015 as I could only find diary from then with shifts in it

sangie595

marliepanda wrote: »

So it seems like your request for those hours hasn't been accepted?

I agree.

It doesn't matter whether you have always worked the same days in the past. In the first place, working the same days doesn't necessarily imply any right to those days or times -a shift rota suggests that the shifts are allocated on a weekly basis. So you may have been lucky, but that doesn't mean you could count on that never changing. Plus, you asked for a different job. Basically, that is what a flexible working request is - a request for a permanent change to your employment contract. As soon as you put your employment contract in the mix, then the employer can change the hours to suit them. Employment is not about what suits employees, but about what suits employers. So the best case scenario is that this is a mistake. The other one is that it isn't, and you have ended up doing the hours nobody else wants to do. Which wouldn't be surprising, because they are going to keep the people who do the most hours happy - by reducing your hours so much you have no significant value to the employer, compared to someone who wants to work more hours, but perhaps wants more say over the hours they work.

But in the end, the only people who can confirm the situation are the employers - nobody here can do that. It may well be that this is a case of being careful what you wish for. But you will have to ask your manager what is happening.

sangie595

60katy wrote: »

It stated on gov website that my boss should reply in writing which I have not had. My hours have been cut but I have always worked afternoons . In my letter to ask to cut my hours I did put that I have worked these days and tines since 2015 and that I wanted to work 2 of these shifts but they have changed to morning and as a carer it means I have to change things now which is why I said 2 of the 4 I have been doing since 2015 as I could only find diary from then with shifts in it

Never assume that gov.uk gives legal advice! You can ask for anything you like. That doesn't mean you can have what you want! They were entitled to refuse your request. They didn't - they reduced your hours. But that doesn't mean that you can have the hours you want. You have to ask them. And if these are the hours on offer, then it's that or your previous hours - which, if this is a shift system, may change anyway. What you have done since 2015 doesn't matter. What matters is that your hours are determined by your contract of employment, and that if it stipulates a rota / shift system then that is what you work, and that you asked them to change your hours and they have. You didn't have any right to stipulate the hours you would work, only to ask for them.

60katy

Thank you. I only asked to reduce my hours to 2 daysof the same 4days I had been doing . As a carer might just have to leave As I can't keep trying to get someone as and when I have to work as I would only have a day to organise from seeing the Rota.
Thanks to every one for the help

Tony_H_3

You might have to write to the "boss" and thank them for accepting your flexi time agreement. Go on to explain that you are able to work XX hours per week on XX days in the afternoons.

You have essentially then given you "boss" to utilise your services at the times you have specified. However, you might find you have some weeks where you only work 1 shift or worse case scenario no shifts.

sangie595

Tony_H wrote: »

You might have to write to the "boss" and thank them for accepting your flexi time agreement. Go on to explain that you are able to work XX hours per week on XX days in the afternoons.

You have essentially then given you "boss" to utilise your services at the times you have specified. However, you might find you have some weeks where you only work 1 shift or worse case scenario no shifts.

Not necessarily. It could be no job. If on a zero hours contract, then you can pick and choose your working hours provided got are willing to accept that the employer will do the same, and that might mean no hours at times. In which case the flexible working request is pointless because it doesn't apply to workers. But if the OP has an employee contact with a set number of hours, then they work the hours that the the employer requires. If that work does not exist, then it also isn't redundancy (because the employee asked for different shifts, and they don't have a right to say when they will and won't work) - it becomes a dismissal for some other substantial reason (the employee doesn't want to work!).

You cannot have your cake and eat it. Asking for flexible working does not mean that you have a right to the shifts or hours that you want to work. All such requests are subject to business needs. If it suits the business need to have other people doing the shifts, then that overrides your request.

I think that the misunderstanding of the OP here is that they are reading the law on flexible working to say that they have a right to tell the employer when they are available to work. That isn't what the law says!

agrinnall

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