Flexible working/day off

ultimatetodd75

I've worked for my current employer for 20 years in August. Its a family run window blind firm with approx 15 staff 4 fitters on the road and the rest on the shop/workshop. Mostly full time staff wirh a couple of part time we all work alternate Saturdays. The week we work Saturdays we are off 1 day during the week when I started in 2003 I opted for a Monday as it would give me effectively a 3 day weekend every other week. The agreement being that should I require a different day that could be sorted no problem as long  notice was given and work unaffected. Now my family life has changed dramatically my wife has returned to work and the kids are grown up. My wife's job is in the food industry and her busiest period is at weekend meaning she is only off maybe 1 Saturday a month and it's the Saturday I'm in work needles to say we no longer get time together at the weekend. Due to her current role she is virtually never off on a Monday. So to try and get some time together I have requested to take a different day mid week so we are off together. Over the last 6 months or so I've done this mabe 4 times otherwise we would of had no scheduled days off at the same time. This has worked fine with no problems caused at work due to my occasional changes day off.  Its now been approx 3 weeks since we last spent a day together and knowing this would be the case sering my wife's shifts I asked the other week to do a switch once more. The response was no. Only reason given was he felt that I am manipulating mybdays off to fit my family life and that's not allowed..He gave no other reason My role is a 1 man work station with occasional help when busy. My days off do not have any impact on work. What he did say is if I wish to have any other day off other than now fixed monday off just use a holiday or take it off unpaid. I have since spoken to a friend who works for a HR/recruitment consultancy who has informed me my boss  is in the wrong as he has given no legitimate reason. He feels my boss is forcing me to use holiday or take time off unpaid..I've also read the info on ACAS website and have came to the same conclusion.  Has anyone had a similar experience or can offer advice on dealing witj this. My bosses suggestion of taking holiday is not parcical as we have plans for our holiday through the year and have no spare days to use and also taking unpaid time off is also a no go we have bills to pay..

Undervalued

ultimatetodd75 said:

I've worked for my current employer for 20 years in August. Its a family run window blind firm with approx 15 staff 4 fitters on the road and the rest on the shop/workshop. Mostly full time staff wirh a couple of part time we all work alternate Saturdays. The week we work Saturdays we are off 1 day during the week when I started in 2003 I opted for a Monday as it would give me effectively a 3 day weekend every other week. The agreement being that should I require a different day that could be sorted no problem as long  notice was given and work unaffected. Now my family life has changed dramatically my wife has returned to work and the kids are grown up. My wife's job is in the food industry and her busiest period is at weekend meaning she is only off maybe 1 Saturday a month and it's the Saturday I'm in work needles to say we no longer get time together at the weekend. Due to her current role she is virtually never off on a Monday. So to try and get some time together I have requested to take a different day mid week so we are off together. Over the last 6 months or so I've done this mabe 4 times otherwise we would of had no scheduled days off at the same time. This has worked fine with no problems caused at work due to my occasional changes day off.  Its now been approx 3 weeks since we last spent a day together and knowing this would be the case sering my wife's shifts I asked the other week to do a switch once more. The response was no. Only reason given was he felt that I am manipulating mybdays off to fit my family life and that's not allowed..He gave no other reason My role is a 1 man work station with occasional help when busy. My days off do not have any impact on work. What he did say is if I wish to have any other day off other than now fixed monday off just use a holiday or take it off unpaid. I have since spoken to a friend who works for a HR/recruitment consultancy who has informed me my boss  is in the wrong as he has given no legitimate reason. He feels my boss is forcing me to use holiday or take time off unpaid..I've also read the info on ACAS website and have came to the same conclusion.  Has anyone had a similar experience or can offer advice on dealing witj this. My bosses suggestion of taking holiday is not parcical as we have plans for our holiday through the year and have no spare days to use and also taking unpaid time off is also a no go we have bills to pay..

This comes down to whether there is a contractual agreement (doesn't have to be in writing) allowing you to change your normal Monday day off. Who decides if the "work [is] unaffected"? You feel it does not affect the work but it seems the boss feels differently.

Keep in mind when deciding how far to push this that an employer can totally dictate (just by giving fairly minimal notice) when you can and cannot take holiday. Your legal right is to 5.6 weeks / 28 days paid holiday (if full time) but the company can decide when so if they want to be difficult, perfectly lawfully, they easily can be.

So whilst you might be able to argue they are unfairly denying the flexibility your contract allows re. occasional Mondays be very careful how you approach this. Try and reach some amicable compromise one day when the boss is in a good mood!

tizerbelle

If your wife is virtually never off on a Monday now, why don't you just make a formal flexible working request to change your day off from a Monday to another day in the week?  

elsien

How does it work when you request to change your day off? Does someone else have to swap and cover you instead - maybe that interferes with their family life?

Annisele

If your colleagues don't like working Saturdays, and your wife always works Saturdays, would it be viable for you to offer to work every Saturday in exchange for a different fixed day off during the week?

I'm also a little confused by "My days off do not have any impact on work." - surely you do something while you're there, and the thing is needed? Otherwise why does your employer have you around at all?

ultimatetodd75

Annisele said:

If your colleagues don't like working Saturdays, and your wife always works Saturdays, would it be viable for you to offer to work every Saturday in exchange for a different fixed day off during the week?

I'm also a little confused by "My days off do not have any impact on work." - surely you do something while you're there, and the thing is needed? Otherwise why does your employer have you around at all?

I have asked to do more Saturdays. The Saturday I don't work is actually understaffed and they desperately need to balance those shifts as along with production in the workshop inalso answer phone ans servw customers on a Saturday.   I am needed lol. But what I mean by work is unaffected is that the day I take off has no impact on whet gets dome through the week.  Me being off on a day other than a a Monday has no impact on my job or any other staff.  We typically quote up to 2 week turn around in the product i work on depending on our supply chain and work always goes out ahead of this time frame. 

ultimatetodd75

elsien said:

How does it work when you request to change your day off? Does someone else have to swap and cover you instead - maybe that interferes with their family life?

No I'm basically a 1 man band on my area. Only time I have anyone else working with me if if uts exceptionally busy (but I still usually left to work alone) or if another area are quiet then someone come to help out. Generally on my days/weekends off nobody else covers for me. Meaning my day off has no affect on other staff. There is also no fixed pattern to the work one week can be full on every day others you can be standing about with nothing to do by mid afternoon.  There really is no legitimate reason fir nit allowing me to have a flexible day off  

ultimatetodd75

tizerbelle said:

If your wife is virtually never off on a Monday now, why don't you just make a formal flexible working request to change your day off from a Monday to another day in the week?  

This is what I'm trying to do. Up until recently ive been able to do this and it's been great.  But it was an informal arrangement. Now my boss is denying me the opportunity so will be ha ding a formal request later on today, along with a copy of the ACAS Code of practice.