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  1. Hey Guys, See if you guys can assist me. I have been working Flexible Working since 2015 as I look after a disabled wife and a child. Recently during a meeting with my manager, my manager informed me that he wants to cancel my flexible working and wants to increase my working days from 3 (under flexible working) to 5 days a week. I was given 2 weeks notice and given a date when this change will be applicatble. I objected to this decision, but the manager simply announced his decision and ended the meeting and said no further discussions. I received his decision in writing with inaccuracies in statement to which I objected, as his decision contained various factual discrepancies and asked him to give me evidence to substantiate his reasons. I have however, not yet received them. I further wrote to them formally rejecting the proposed changes to the terms of my contract and informed them I would be sticking to the currect terms of my contract and would be working 3 days a week only. I then received phone call asking how I was from another manager as I had gone AWOL. I asked this manager to check my 2 letters that I sent in and have not received a reply to yet as these letters clearly address that I do not agree to new terms and I would be work 3 days only. I then had further discussion with another manager and I told him exactly the same that I am expecting a reply to my previous 2 letters. I then received a letter from another manager informing me that I have gone AWOL and if I do not turn up under new terms i.e. 5 days a week I will be marked down AWOL. Today I have received another letter calling me in an investigation for Disciplinary hearing regarding my AWOL. All of this is despite: 1) Management, unilaterally changing my terms of contract. 2) Management, not replying to my objections I raised in response to their decision. 3) Me formally rejecting their proposed changes. 4) Me informing them that I will be doing my shifts under flexible working and that I have not had response to my 2 letters. Can someone kindly guide me, 1) am I wrong here? 2) Can I be sacked in this AWOL hearing? knowing that I have already told them why am I not turning up to shifts? 3) Can flexible working be unilaterally changed? 4) Should there not be a status quo applied till my objections raised are answered? Thanks
  2. New plans for military flexible working become law READ MORE HERE: https://www.gov.uk/government/news/new-plans-for-military-flexible-working-become-law
  3. New plans for Armed Forces flexible working reach the Commons READ MORE HERE: https://www.gov.uk/government/news/new-plans-for-armed-forces-flexible-working-reach-the-commons
  4. Armed Forces (Flexible Working) Bill 2017 READ MORE HERE: https://www.gov.uk/government/collections/armed-forces-flexible-working-bill-2017
  5. Hi All, To provide a bit of a backstory: the company where I work has made no significant pay awards (beyond inflation) for around 8 years and for the last two years nothing whatsoever (not even inflation). After a bit of calculation my wages are now below what they were in 2008 when adjusted for inflation despite now performing a significantly more senior role. I have found something which could be performed one day a week which could significantly supplement my income and to this end put in a request to cut my working week to 4 days (not working for the company on a Friday i.e. doing my own thing). To be clear I have offered significant mitigation: pro-rata reduction in holiday, being available on the phone on a Friday where possible, possibility of coming in to the company on a Friday if they're desperate and fits in with me and the option for either party to cancel the agreement after 3 months trial period. Needless to say this request has been refused. The letter contains the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" As I understand it this is not a statutory or material consideration. The letter then goes on to state that they have "considered my flexible working request against each of the statutory grounds....... The reason for this refusal is that to grant the request would impose an unreasonable burden of additional costs for the business. We consider your position to be full time and we would have to cover your absence with additional resource at extra cost to the company". When my manager presented me the letter I put it to him that the reality is they would never cover my absence on the Friday with someone else as there is (a) no one else in the company who can do my job (b) the business would not employ an outside contractor for one day per week. My manager basically agreed with me and said "you're probably right" My question is (a) have the company provided evidence to reject under the statutory reason of burden of additional costs, (b) Does the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" hold any validity or rather does it invalidate their reasonaing as it could be construed that they would have accepted has I offered a salary reduction. Thanks in advance. PS. For clarity I am a man and the request had nothing to do with looking after children
  6. Hey guys, recently the shop I work at has had a few issues and I'm hoping to know where I (and a couple others) stand with things. Looking through my paperwork re; issues recently I can't find a copy of my contract. I also do not remember if I ever signed one (I may or may not have). Iirc they have 3 months from me starting to issue me a copy (if I did sign one). If I DIDNT sign one, under what terms am I actually working if anything came to a head? On the above note, several times recently in conversation it's come up that 'staff must be flexible' regarding their hours and that it's stated in our contracts. Without having my contract to hand I've no way of telling if this is true, nor whether there's any stated definition of flexible. Would there be anything that would be standard for this definition?
  7. Hello, I am seeking some advice. I work for a company that is open 8am to 10pm and for the last 3 years i have been working 9am - 5:30pm Monday to Friday with one Saturday rarely. Currently it seems all the staff seem to have been leaving and never replaced - this leaves a team of around 15 staff.(shortfall of staff on regular basis) The department want to run all staff on a 5 over 7 basis and this has never been the case before. I was employed for set shifts however this was never clear in my contract yet it was what has been happening for 3 years now. So 2 staff apply for flexible working hours and one of those is myself. They get what they want exactly, this means they have no alterations to what they have worked over the last few years. And i got the short straw - mine was blatantly frown upon. I asked for set shifts each week - i didn't get that i! I asked for the latest to work in a week being 7pm - they gave me 10pm once a week. I asked for no Sundays due to childcare - they replaced with a Saturday and this means every other Saturday. I was told if i ever could not do my late shift, i was not allowed to simply swap it with another but i have to swap it and then replace the late in that week even if the rota is covered. I come back to work after a holiday and request to speak to HR on a 1 to 1 basis and i get my supervisor in there as well. I told them i fell discriminated against cos i'm not pregnant and feel treated unfairly and this is why i haven't got close to where i need. they know i have trouble with childcare and it seems they are a non family friendly company! I am awaiting a response now to my distressful meeting today regarding the issues i have with there arrangement with me (which i have not received anything in writing yet, nor signed a new contract) Just seeking any advise regarding this please - i feel they are pushing me out of my job.
  8. Hi,,,quick question (s) ;-) I started an agricultural job a couple of months ago (nothing special and only expected to last few more weeks) and was told the hours would be 20-30 per week (mon to fri). I don't really know from one day to the next what time I'll be finishing work that day because the boss makes it up as he goes along due to business demands. Not including overtime at weekend, i'm averaging about 37 hours during the week. Does this make me a 'flexible worker'? I work mostly unsupervised so that means I'm a 'grade 2'. If I'm a 'flexible', that also mean i'm being paid under the nat.min (agriculture) for that grade by 31p per hour. Also, if my contract (only verbal) was 20-30 hours ,,anything I do over 30 hours is overtime - right? (min rate is 10.44/hr) From talking with a couple of people who have worked where I am for the past 10 yrs, I know my employer is going to try and avoid paying holiday entitlement when this 'temp' job comes to an end. I will give him the chance to 'do whats right', but I have every intention of going to a tribunal if he is paying under the minimum wage and refuses to make it up - and if o/t begins at over 30 hours for me, thats another 28 hours pay i'm owed. I've used the govt. on line calculator to work out my holiday entitlement and as i work irregular/casual hours, and based on total hours worked, there's 44 hours (+51 mins ) holiday pay due. I'm really going to spoil his day when all this comes up. I printed loads of info off the government site for a worker that's been there 10yrs+. Unfortunately, it ruined his afternoon because he can't believe how badly this guy has been 'illegally' employing him for the past decade. example: works 40 hour week, only given 20 days holiday (should be 29) and then only paid at 30 hours per week. Also paid under minimum wage for grade, no contract or any other written statement of employment particulars (i've not got one either), and never had a payslip!
  9. I currently work for a further educationinstitute where in addition to our teaching duties we have administrativeduties too. In 2011 we had a new line manager who introduced a policy of a workfrom home day and I managed to secure a Monday as my work from home day toassist with childcare. This was a scheduled work from home day agreed andtimetabled by the line manager as part of self-managed time but not arrangedvia HR. In late 2012 we had a new HR manager whodeemed that self-maanged time was not a right. The operational needs of theinstitution needed to be put first. I mentioned flexible working arrangementsand was told that this needed to go through HR but I quote " I do not knowthat much about HR policy" and "In twenty years I have not heard ofpeople having time off for childcare" The timetabling for this term was then donein late December and it seemed that I had Monday free so I felt that there wasno need to apply for the flexible working especially since other peoples'requests seemed to have been met too. I then went on annual leave in mid-Decemberand came back to work yesterday (Tuesday). Luckily, I had checked my email atthe weekend and discovered that I had been timetabled for admin duties on theMonday. I emailed the line manager immediately and was told that I should makean official application via HR. I was due to have a meeting regarding courseplanning with the line manager today. However, she needed to postpone it andsuggested next Monday as an alternative date. I reminded her about my application for flexible working. She respondedby saying that the assumption was that until I received official permissionfrom HR that I would come in on a Monday. In the meantime someone else applying forflexible working on childcare grounds has not been told that. Also, otherpeople have had the timetable work out in their favour due to health issues, orthe fact that they work elsewhere on particular evenings even though they arealso on full-time contracts. I feel slightly miffed by the situation buthave I got any grounds to complain about any of this treatment. Unfortunately,I suspect the answer may be no!
  10. In October my partner requested under the flexbile working act to work from work till 2pm and then 2pm till 5.30 from home via Laptop, this is due to being a carer for a disabled son and needing to be around for the school run which our disabled son gets distressed about and needs to be carried everywhere and is over 15kg, we have 3 children one in a pushchair. Anyway this was denied even though they knew all the reasons but never put in writing despite chasing Directors, Managers and HR. The reasons they gave where the team was too small, he had to be based at work and that they were concerned other members of the team would ask other people rather than contact him at home. He has decided that there is no other option but to leave and has been offered another job who will allow flexible working so he has handed his notice in and given them a week I know that he should be giving more than this but they said they fully understood his reasons for leaving and had a feeling that he would. Since him handing in his notice they have asked if there is anything they can do to keep him there, and offered paying for taxis everywhere for me and the children, however this doesnt help as its when he is out of the car its the issue plus isnt practical getting the car seats out the taxis 6 times a day with 3 car seats in tow, so he kindly turned that offer down, they then offered him part time working 4 hours a day but this still wont fit due to the appointments with OT that our son has so would actually put him on a 15 hour week they also only wanted this on a temp basis and that if it didnt fit the company he would have to go back to his normal hours, again this is worrying as they could change their mind any time. Also surely before he handed his notice in this wasnt an option according to the company so why have they changed their mind. He has turned this down, now they are asking for another week from him notice but he cant do this. Any advice, should he be saying constructive dismissal??
  11. Apologies but this may be a little long winded. I have recently submitted a request to change my shift pattern at work back to what they used to be. When I received the job offer over the phone I was told “Mon-Fri 9-5” When I started working I was advised that this would be the hours during my training period and that my actual hours were to be a 2 week rotational shift with my fellow team manager. I would work mon-fri 6am – 14:30 one week then Mon-Fri 10:30-19:00 the next with alternating Saturdays. This was not a problem and I accepted it as such. A few months later my felloe manager submitted a request for us to go on a 4 on – 4 off pattern doing 12 hours shifts on a rotational 5 weeks pattern, After a lot of thought and consideration I accepting these new shifts and the appeal of having the 4 days off was nice. Since that time my wife has had another baby and is about to return to work part time doing weekends only. I have submitted the new request to my boss to revert to my original hours as this would enable me to look after our children at the weekend. This was rejected today which I agree are possibly legitimate reasons (this was confirmed to me verbally and not a written reply) I just wondered if there is anything at all I can do about this, When I signed my contract of employment, it did not contain my hours of work. But states on page 1. “Hours are as agreed with your manager attached” and on the summary page it states that “your normal hours of work are as stated on page 1” I just wanted to know if there is anything I can do. It is difficult as I feel I may need to resign n the new year to find alternative employment but this is something I do not wish to do. Many thanks for you help in advance
  12. I have worked for my employer for 12 years and have had no previous problems with my employer or colleagues. A few months ago I submitted a flexible working request so that I could try and balance working full time with caring for 2 children under 3 years old. Although it was initially met with opposition from the 2 managers I followed the correct procedures and my request was agreed on the basis it was on a 6 month trial. A revised contract was given to me showing this. However since March I have been met with huge opposition from my colleagues (there are 7 others who have the same responsibilites as me, out of an office of around 30). 6 of these 7 have been very vocal about the fact that I work less late shifts than them due to my chilldcare responsibilities and they see this as unfair. I work my contracted hours and fulfill all my duties at work, I just do 1 less late shift every couple of weeks. The manager who was initallly understanding, to the point that he informally said he would cover my extra late shift due to staff protests but the protests continued and he has given into my colleagues and formally requested me to work the same late shifts. His business reason for denying this part of my flexible working request, was that an adequate number of staff (of my grade) were required to work late in order to deal with the work presented and it is fair that everyone does an equal number. I have already put in wriitng to my manager the fact that the behaviour of these colleagues towards me has been so unreasonable it summounts to bullying (isolation at work over a period of weeks etc). These points have not been addressed at all. Even though it hasnt been described as this in his business reason, the manager has basically given in to the bullies for an easy life. He pretty much said it himself, its either 7 uhappy people or 1 (me). I have my final review next week once the 'trial period' ends, however even though my contract states they will decide at the end of the trial period, they have already told me their decision. Please help!
  13. Hi All Thanks so much for the information on Redundancy. I thought I'd post the full story so you could give me some advice as I'm writing my final grievance letter and I'm sure you'll have points I should raise. I've been in communication with my employers about my workload since April 2011. At the time they agreed it was excessive and not evenly spread but that the other person in the department wasn't up to the job. I was asked to give them time to resolve it...I did. June 2011 I have am exemplary review. Another employee was recruited but the other member of the department was reduced to two days a week. I asked for the workload to be sorted and was asked to let the new employee settle in....I did. August 2011 I asked for help and a portion of my workload was lifted but extra procedures were introduced along with more responsibilities. The net result was extra workload. I was asked to "see how it goes". October 2011 I mentioned stress but in passing (think I hoped they'd help without me having to admit that I needed the help - I'm a very strong character and this is a total shock for everyone that knows me!). November 2011 I openly discuss I'm not sleeping and feeling stressed and need some time off. I book holidays to reduce my working week to 3/4 days a week. Jan 2012 I return from Christmas and discuss that I'd be really ill all Christmas with ulcers and coldsores and was really run down and obviously my immune system was suffering. I have my review - excellent comments but my payrise is a fraction of what has been promised! During the reivew they delay telling me the result of my payrise for 6 weeks ("we'll tell you Friday", I ask on Friday, "we'll tell you on Monday"..I subsequently spend the whole weekend worrying about it) which I tell them is adding to my stress and I'd like to help them minimise this if possible....falls on deaf ears. Feb 2012 I apply for flexible working hours. It is refused for business reasons. Everyone becomes very hostile towards me. I appeal the flexible working decision and formally tell them that this is making me feel very stressed. March 2012 My appeal meeting doesn't go well, they are very intimidating and hostile. After the meeting the atmosphere gets worse and worse by the day. I start to not be included in communications. At meetings I don't know the full information and start to look incompetent and unprofessional in front of clients. I bring this up with my Manager and he agrees he has 'forgotten' to include me in some communications. I don't get a response to my flexible working appeal by the required date but the following day I receive an email that they'll try to get back to my by the end of the week. ACAS advised that I inform them that I can now take this to employment tribunal but would avoid this if they are planning to uphold my claim...they tell me to take it to employment tribunal! By this point I've been to the doctors twice to discuss stress as I've virtually stopeed sleeping now and I'm feeling unable to cope. The next day I'm out on business and receive an email at 6pm asking for a breakdown of my day....alarm bells. I've never been asked this before so I list my day and ask why this is being asked and my Manager passes the buck to his Manager. That night I didn't sleep a wink, didn't feel capable of making my meeting the next morning and drove home to my husband and kids and slept for the first time in weeks. I just couldn't do it anymore. I got signed off by the doctor and was off in total for 3.5 weeks because of stress. When I returned no one would speak to me. It was annouced to the office that I needed to be interviewed because of my absense...I nearly cried. Finally my Manager asked to speak to me, attempted to deny I was overworked but then conceeded that he had failed me and reduced my workload immediately and told me to take it easy and he'd reintroduce work as and when we were both ready for it. I felt like a weight had been lifted. Then I had my 'return to work' meeting with my Managers Manager. He was so hostile, abrupt and bullying. I answered all of his questions then he informed me that I had never been overworked and that my workload would be completely reinstated in time. I asked for a timescale and he stated "soon maybe 2/3 weeks". When asked if I had anything else to say I asked that my medical problems are kept confidential and not annouced to the office....he stood and left the room without saying a word. He's refused to speak to me since then. On my desk I find a response to my flexible working request and I email my Manager to ask to discuss it as it does not reflect my request and isn't a workable solution. It also demotes me to a trainee....which I'm not. One week after my return I was asked into the boardroom to be informed I'm being made redundant. I'm informed within this meeting that my flexible working request is final but if I want to discuss the contents of the letter then they are fine with that. Next day I have a meeting re flexible working. There is no option to discuss anything as it is so hostile. All problems with the letter ie trainee are explained away as typo's. I ask to discuss the atmosphere in the office and state that its really not helping. I tell him that everyone ignoring me is horrible. He deny's he is ignoring me and will speak to the others. Day after consultation for redundancy. Opinions??? Advice on points to raise in grievance or consultation? I need to do both before I see my solicitor which isn't great, I'd prefer their advice first.
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