Part time working question

Itsadogslife_2

I have been with my current firm for 1 year and 9 months now. When I joined the company I was already a Magistrate and it was agreed in writing that I would work a 4 day working week. I would then ensure that my sittings as a JP were carried out on my non working day. The set day off per week was agreed as a Wednesday but then verbally I was told by a senior manager that that day could flex as my sittings can spread across the days each week. I end up mostly sitting on a Wednesday or a Friday with the occasional Tuesday.

The company is owned by a bigger Plc company and the HR from that company have now said that I should not be moving my day off per week. I have advised that I have been doing this since I joined the company. They are saying it is not allowed and does not work.

Can they stop me moving my day when I have been doing this ever since I joined? Or can they stop it because I never had it in writing that the day could be switched round.

I don't understand the logic of it - my whole Bench sit all different days of the week with other employers so it can't be a general thing that a part time worker working only 4 days can't switch that one day to different days.

Grumpy_chap

The key thing here might be what is actually written in your contract - you say "it was agreed in writing that I would work a 4 day working week" and also "The set day off per week was agreed as a Wednesday".

Was the day off being Wednesday agreed in writing?

Your Line Manager might have offered greater flexibility verbally and in practice but that does not necessarily update the formal agreement. (I suspect you have not been doing this for long enough to have established a custom-and-practice.)

What other employers do or don't do is irrelevant. I suspect that the need for the four day week being regular is more common (general) than you suggest. It can be very difficult to a company in planning work activities if one individual is absent every week on a virtually random basis. For example, when can a weekly team meeting be scheduled? How is that further impacted if others then adopt the 4-day week and miss random days?

Your options seem to be to work as required, taking Wednesday as the non-working day or submit a Flexible Working Request for a change to a different day or a change to "whatever day you choose each week".

elsien

I have a similar arrangement to yourself although I have it in writing that the day can move to accommodate either myself or the needs of the company. My company is pretty good and I’ve not been requested to move it yet although I do move it around if there’s an important meeting coming I need to attend for example. Or I want a long weekend.!

There is no general reason it can’t work so I think you need to pin down why your company are now saying it is not workable for them. Because that then is your opportunity to evidence that actually it’s having no effect on the company at all and you are doing your work with no impact on them with the current arrangement.

You probably need to read their flexible working policy and informally discuss with your manager to see what their view is on any impact on the company. For example, if you moving your day means that the company is shortstaffed that one day, then they have a valid reason for saying no.

flaneurs_lobster

Maybe if you could agree that your working days schedule could be fixed for the next (say) rolling month going forward?

Undervalued

https://forums.moneysavingexpert.com/discussion/6677403/part-time-working-question

"In writing" is largely irrelevant as legally a verbal agreement is just as valid (although obviously harder to prove what was agreed)!

Remember employment conditions and contracts are not set in stone but can and do "evolve" as needs change. The arrangement you describe (where you choose the non working day) may well be fine in some jobs but a real problem in others. Plus, as I said, needs can change.

Although not directly relevant to this question, remember an employer can totally dictate when an employee can take their annual leave!

Also, I think I am right in say that there is some legal protection in employment for civic duties, if being a magistrate counts as such?? Elected offices such a being on the local council etc certainly do.

Remember too that you have little employment protection with less than two years service. This will reduce shortly but I don't think it will be retrospective.

sheramber

Yes, employers must allow time off but does that include a flexible non working day?

It could be a case of a fixed non working day and getting unpaid time off to attend court on another day.

Andy_L

https://forums.moneysavingexpert.com/discussion/comment/82079685#Comment_82079685

"You must, by law, allow an employee who is a magistrate reasonable time off work to carry out their duties.

Your employee will have to be in court at least 13 days, or 26 half-days a year.

They’ll get their magistrate rota well in advance, so you’ll have plenty of time to plan and agree the time off.

You don’t have to pay employees for their magistrate work, but many employers do."

https://www.gov.uk/giving-staff-time-off-for-magistrate-duty

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/82083513#Comment_82083513

Thanks.

Of course the key words are "reasonable time off work to carry out their duties" and "plan and agree the time off" which seems to be the issue here.