Flexible Working arrangement

[Ellie May]

For the last 12 months I have had a flexible working arrangement with my employer whereby I have been allowed to work from home two days per week. This was 'unofficial' and therefore never written into my contract.

Last week my boss decided to take this arrangement of me. The reasons given were that I was not getting adequate supervision from more senior members fo staff and that it was performance related. Neither of these arguments stack up as no one has ever said there was a performance issue before and the supervision thing is rubbish. I can back up both of these arguments with HR which I intend to do.

They insist that this is not disicplinary action or a 'punishment' for anything, but as it is the most important part of my job to me I cannot see how it could possibly be anything else. I intend to argue that this is disciplinary action and therefore that the correct procedures have not been followed. Can anyone advise me if this is the way to go?

Also I wondered if because I have had this arrangement for over a year, albeit unofficially whether or not I have now have any rights in relation to it? Surely they can't just whip it off me now because they feel like it?

Your help would be greatly appreciated.

[old_andrew2007]

Hi

You need to be advised by one of the HR. professionals who give advice on the forum, you could send a PM with a link to your thread to Ell-enn I know she has HR Experience

Regards

Andy

[arae1]

Just incase this escalates...I know that you must firstly follow your company's grievance procedure and take it from there. If this were to eventually go to a Emp. tribunal, your case will only be considered if you have tried internal grievence procedure first.
ACAS can be contacted on 08457 47 47 47 for impartial advice. Google "flexible working" and read up some of the official websites which tell you your rights...this may help to form the points of any grievance.

Good luck..I took my ex-employer to a tribunal 3 yrs ago over something similar and won.
If you have home insurance, you may well have built in legal cover, which should pay for a lawyer (check your policy).

Anne

[Sidewinder]

Just to echo what is written above, you need to submit a formal grievance as soon as possible. Never mind that the facility to work from home was an unofficial arrangement - if the employer has allowed you to do so for a period of time without complaint then this will have become an implied term of your contract by Custom and Practice. That means that in order for your employer to change this he will have to give adequate notice and consult with you over the change.

I would suggest that you write confirming that you understand that they intend to stop you working from home, however this will cause difficulties for [reasons]. You believe that having been working from home under this arrangement for some time you believe that it has become custom and practice that this is the case. As such you are unwilling to simply give up this right and you are concerned at the suggestion that your performance is deficient and that you need greater supervision. Could they please give more details of this allegation as it would appear that you are having the right to work from home removed as some sort of disciplinary sanction.

[Ellie May]

Hi all

Firstly thanks for your responses. Just to update you, I tried to sort this out informally by involving HR and trying to reason with my manager which was a waste of time. My manager has made my life a misery everyday since I returned to work from being of sick with stress (stress was actually a polite way of saying depression whihc I have suffered from for years but which has been made unbearable by my manager). I therefore intend to now go down the grievance route, not only on account of the flesible working but also in relation to the way I have been treated over this.

After having many discussions with HR on this they continue to insist that the flexible arrangement was discretionary and that they can take it away at anytime. Naturally I am not buying this and going ahead anyway. They then said that even if it was a contractual matter (whihc obviously it is or why mention it) that they could change my contract for 'business reasons'. Is this correct and would they have to back up their 'business reason' claim or can they just do what they want hear?

For interest the 'performance issue my manager is refering to is my failure to ahere to a list of 'action points' whihc she gave me over four months ago. I did not strictly adhere to this as it was not my understanding that this was a 'once and for all' list of things to comply. I have of course raised the point why has this not been mentioned for four months and why was I not given the chance to adhere to the list before losing the flexible working arrangement, but they just keep saying I need to be in the office so I can be supervised????

Any thoughts on all this?

Thanks

[seq]

Hi Ellie May,
I can't really comment on your issue as I'm no expert, but would like to symphatise what you're going through. I'm having problems with my employer also see my thread here:Employer being vindictive over time off sick?

I have recieved some great support here so don't let them get away with it!

Good luck!

[Sidewinder]

Originally Posted by Ellie May

Hi all

Firstly thanks for your responses. Just to update you, I tried to sort this out informally by involving HR and trying to reason with my manager which was a waste of time. My manager has made my life a misery everyday since I returned to work from being of sick with stress (stress was actually a polite way of saying depression whihc I have suffered from for years but which has been made unbearable by my manager). I therefore intend to now go down the grievance route, not only on account of the flesible working but also in relation to the way I have been treated over this.

After having many discussions with HR on this they continue to insist that the flexible arrangement was discretionary and that they can take it away at anytime. Naturally I am not buying this and going ahead anyway. They then said that even if it was a contractual matter (whihc obviously it is or why mention it) that they could change my contract for 'business reasons'. Is this correct and would they have to back up their 'business reason' claim or can they just do what they want hear?

At the end of the day then yes they can vary your contract, but only with your agreement. If they want to negotiate on the issue of working from home then they would need to offer something in return. If they are unable to negotiate a change, and if they are adamant then the only course of action open to them is to terminate your contract. If they do this then they must offer you a new contract on whatever terms they wish, and you would then need to decide whether to reject it, and sue for breach of contract, or to accept.

For interest the 'performance issue my manager is refering to is my failure to ahere to a list of 'action points' whihc she gave me over four months ago. I did not strictly adhere to this as it was not my understanding that this was a 'once and for all' list of things to comply. I have of course raised the point why has this not been mentioned for four months and why was I not given the chance to adhere to the list before losing the flexible working arrangement, but they just keep saying I need to be in the office so I can be supervised????

You would expect, and be entitled to receive I would imagine, formal action, meetings or performance reviews to be invoked before the company can decide that your perfomance warrants a change in your working arrangements.

Any thoughts on all this?

Thanks

...

[Ellie May]

Huge amount of help needed here guys. I have done 'the right thing' and gone through grievance which frankly was a joke. They have just 'closed ranks' and basically dismissed my complaint regarding the flexible working and the fact that I have been bullied by my manager for the past five months.

I intend to appeal but I fear this is heading for tribunal as I am not sure I even want the flaming job anymore, I have been treated so appallingly. Naturally I have to now appeal but I fear that this is pointless.

I think I need to take some expert legal advise. Can anyone recommend anyone in the Manchester area?

[elche]

Start keeping a diary of events these always make good evidence at Tribunals.

As for a solicitor you should think how you will fund this. Check all your insurance policies for 'legal expense cover' You may be restricted to a panel solicitor but this will be much better than a Contigency Fee Agreement or funding the matter privately. ET awards do not include awards for legal costs.

Keep us posted.