Request to reduce hours

frogga

Hi All,

My son has a question so I am asking on his behalf…

…Son is asking employer to reduce his hours by 90 minutes for some shifts (21 shifts in a 9 week pattern). Head of Department (HoD) has said 'no' for 16 of the 21 shifts.

HoD has given 3 reasons for why those 16 other shifts were declined but there are numerous examples of where other colleagues have been allowed to reduce their hours despite meeting the same criteria (eg son was not allowed to reduce hours on Friday because HoD says they are busier, but many other colleagues have been allowed Fridays off).

What can he realistically do to appeal this? We have been on ACAS website, and he has written to HoD explaining why he believes her decision goes against ACAS guidelines, but she has ignored his points and just dismissed his request.

He has contacted his Union Rep, who so far has not given any advice and just said they will talk to HoD.

Son feels it is clear that he is being treated differently to all other colleagues as their requests were granted.

Can any of you please give me some advice on what course of action he could take next?

Huge thanks

Frogga

Isthisforreal99

Not sure there is much more he can do tbh. Ultimately there are only so many people they can let reduce their hours without it affecting business and if they can justify it for business reasons then that is pretty much it.

He has a contract, he is expectes to work to it.

frogga

Hello Isthisforreal99, huge thanks for reading and replying.

Son understands he has a contract, but contracts can be changed and all employees have a 'day 1' right to request flexible hours.

The organisation sets a minimum staffing level that they are expected to reach for each shift. For every single shift he has requested to reduce his hours, they are ABOVE that minimum staffing level (hence why he does not believe there is a genuine reason to decline request). For the few shifts where DoH has agreed that he can reduce his hours, the staffing levels are the same or lower than on the days when she has said 'no'. But pointing out this inconsistency got him nowhere.

She has not said 'no' because too many others were off, she has said no because one specific colleague is off. Son is questioning this because half of the team have been allowed off when this same colleague is off at various points in the shift pattern but not on the specific days he is asking for.

Isthisforreal99

Yes, he has the right to request, but it's not a right to get. Sometimes it's best not to rock the boat too much - it seems they have accomodated some changes - you wouldn't want that goodwill gone?

LightFlare

Just because others have been allowed to reduce/shift their hours doesn’t mean that further requests are more likely to be allowed

From a business was point of view - if you allow too many people to do it, then you end up having no staff or problems during holiday/sickness periods

frogga

Son has read the 8 reasons provided by ACAS which are the only legal grounds by which an employer can reject a request for flexible hours. He is very confident that none of the 8 points apply and has multiple spreadsheets and a 3,000 explanation as to why his request will not negatively impact the business.

The short version is he is asking to leave 90 mins early, when they have double the staff in and it is the quietest part of the day. Other people have been given full days off with no issues.

The question is no 'has he been treated fairly?' as he knows he has not. The question is 'what can he actually do about it?'.

Thank you,

Frogga

frogga

Thank you both for your further comments.

https://forums.moneysavingexpert.com/discussion/comment/82144756#Comment_82144756

ACAS state that these requests can only be decline for 8 specific reasons, none of which apply.

twopenny

It sounds as though he is applying after others. The changes made for his colleagues came first and now they need to keep the levels up.

He has been granted some of what he asked for. My next step would be to speak again and asked to be considered as soon as it becomes possible. Speak directly to the officer and submit the request in writing (this is all he said she said at the moment and you've got it 3rd hand) including the original request , the result and the new request. Do it in a polite way will be more likely to get a result he wants.

frogga

Thanks for your twopenneth worth ;)

It is a complicated situation and I did not want to give LOADS of details at the first post but…

It's not the case that he is not allowed the time off because there are too many people already off. There is a rolling shift pattern with multiple teams and he is not asking to be off when there are already other people off. They were given time off at a certain time in their shift pattern, and when he is asking for a comparable time in his shift pattern, it has been declined. For example, Son has been told he cannot leave early on Fridays. At various times in other people's shift patterns, they have been allowed their Fridays off - they are not the same Fridays as they are in different teams.

Son's question is, if Fridays are too busy when he wants to leave 90 mins early, why are they not too busy for others to have a full day off when their Friday shift comes round?

It's defo not 'he said, she said' because Son has all the conversations on email, and I have read them all. DoH's reasons for refusal make no sense, are inconsistent and at odds with how others have been treated.

Son's organisation has a stipulated minimum staffing level, he has not been allowed to leave early even though they would stay above this level. At other times in the shift pattern, colleagues have been allowed days off when they have put the organisation below minimum staffing level.

sheramber

Is your son in a union?

Brie

Maybe the HoD knows things that are expected to happen in the business that are not yet public knowledge? People may be let go, more business is expected due to big ad campaign, etc.