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retraction of flexible working following disciplinary hearing


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Hi

 

My husband has just returned to work today following a disciplinary where he was issued with a final written warning, prior to this he was suspended for 8 weeks. On his return they have informed him that his hours of working has been changed with immediate effect.

 

About 4 years ago, my husband asked about changing his hours under the flexible working policy to enable him to pick the kids up from school as I work 12hr shifts, they agreed and issued him a letter stating "temporary change of hours". He has been doing these hours since then, however they have now withdrawn it advising they can no longer accomodate it, this has left us in a nightmare situation, with me having to take time off from work to cover this and not sure how we will manage in the long run.

 

What rights does he have if any?

 

It's ironic that last week we were celebrating that he still had his job and now on his first day back he is wishing they had just sacked him now:(

 

Also he had 2 weeks holiday booked off over christmas, however he was suspended over this period, is he entitled to these back at all?

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Have they given a reason for the retraction of the flexible hours?

Does he have a written statement of particulars of employment (a contract)?

Of the days booked off over Christmas, were any of these days when the company was closed anyway?

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I don't think they have given a specific reason as to why, just a general discussion over the new "ways of working" including the shift in hours and how the previous arrangement was only temporary.

Not sure if it helps but there are 3 people including him who do the same job. He worked early, one did days and the other lates, however the other 2 were recruited to those hours as my husband was already working earlys, now they have agreed to rotate the shifts to early, days and lates, the problem is that the "early" shift is later than his old one so he still doesn't finish in time to pick the kids up.

He has all his paperwork from his employment, not sure if he has his contract although he does have all the letters re changes to t's & c's etc which seem to happen more often than not.

I believe his place of work was closed for some of the time over the holidays.

Thanks

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4 years in the same shift pattern is a 'temporary measure'!?

How long do you have to work there for something to become permanent?

 

He needs to find his written statement, if he's been issued with one, see what it says about changing the T&C's. Usually they should enter into consultation with the employee before changing anything.

There's a fair old precedent here, given he's been given these hours for so long - plus the Stat. aspect of flexible hours as he's a parent.

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