I wonder if there are any HR bods (or anyone really) who can advise me on a flexible working situation. I?m sorry it?s rather long.
I have been on secondment since 30/8/11 and have been on compressed hours since 1/1/12. They were agreed with my substantive line manager at the time and my current secondment manager. Whilst on secondment though my substantive role was restructured and I was placed into another job (not of my choosing) effective from 7/1/12 but I was allowed to continue with my secondment.
I am due to return to this new substantive role on 7/1/13 but when I had a familiarisation meeting with my new manager last week he told me, after I raised the issue of my changed hours, that they wouldn?t be agreed to by him or his manager and that I wouldn?t be able to carry on with them. I was a bit when I heard this as for a start I thought he is obliged to consider any application for flexible working fairly and on an individual basis. After his comments I certainly don?t have any confidence that he would do this. He said that this kind of arrangement ?doesn?t work for the team? but how he can make such a judgement about the role when it has been vacant since its creation in January is beyond me.
I contacted our HR team who told me I would have to reapply for flexible working as the arrangement was only applicable to the secondment period. I think they are wrong and this is how I was planning to respond:
You mention that the change in hours is related to the secondment role but this is neither documented on the Flexible Working Acceptance Form nor the letter I received from HR Services confirming the new hours;
You also state that the change in hours cannot be considered a permanent change but this directly contradicts the Flexible Working Acceptance Form I received which states that ?the change in your working pattern will be a permanent change to your terms and conditions of employment?. It also goes on to state that I ?have no right in law to revert back to [my] previous working pattern.? I take this to mean that the condition also applies to others;
Whilst I agree the letter I received in December 2011 confirming my new substantive role did not change my terms and conditions, the letter I then received on 6th January 2012 states my ?contractual working days will be revised? and ?All other terms and conditions...remain unchanged.?
Based on the above facts it is clear my contractual working hours have been changed with no other conditions attached regarding the duration of the arrangement. Therefore I challenge the assertion that if I wish to continue to work compressed hours I would need to make a further flexible working application to my new line manager, XXX. Furthermore, I do not have any confidence that he would assess my application individually or fairly as he has already stated to me that he would not agree to compressed hours as this is not something he or his manager, XXX, think works for the team. As the position I will be returning to has not been filled since its creation I do not understand this judgement when there is no precedent.
What I would like to know is am I right in my assessment of the situation based on the above? Also, if you do something for longer than a year can it be said to form part of your terms and conditions anyway?
Any advice would be gratefully received. I may not be able to respond to replies straight away but will do so as soon as I can. Thanks
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Need some advice on a flexible working issue – any HR bods who can help?
5 replies
bunjies · 21/11/2012 14:19
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