Thread: Please Please hel?, about to lose my flixible working hours

Can somebody help please,

I worked for my company for 5 years, two years ago I applied for flexible working hours to care for my daughter. my application was rejected three times and I appealed. in the end my Managing director granted me the flexibility. they refused to do it in writing but I was practicing the new Rota for a year and half. new company took over in March, now they gave me new Rota and been told that my application was originally rejected before. I believe under a TUPE transfer they cannot do that. I have received a letter form my new company telling me if I don't come to work next week on the new Rota, it will be misconduct and a may lose my job?

Can somebody help please, I just want to know what I can do next?

Many thanks

Krimo

As you have been woking the flexible hours for over a year and a half (I assume there the same hours each week?) it becomes implied into your contract that these are your working hours.

TUPE protects your employment conditions so they would need to give you notice about chnaging your hours. If they dont and you left you could claim unfair dimissal in relation to the TUPE (porviding you have 1 years service). Similarly if they fired you because you dont come to work on the new rota you could do the same.

Thank you for your reply, I wasn't sure what to do but now I think is clear that I was right. I tried to find solicitors who can just write me a letter to confirm that. I found one this morning and said he charge £378 per hour, I think that's too much.

Thanks again, have a good day.

Krimo