urgent employment question

red eye · 5 Mar 2016 at 18:26

Im a bit stuck and as its the weekend I cant get legal advice until Monday.

I have just been told that I cant start early and finish early to drop off and pick up my kid from school. I need to do this on average once a month due to my wife working shifts at the hospital.
This was discussed at interview and was told it wouldn't be a problem so now after 3 years it is now a problem.

I have paid for morning and after school club to minimize the time I need, so all I need is less than 2 hrs.

What do I do?
I can go in late and possibly get the sack or call in the morning and take time off for dependents but don't know if I can take the time my kid is in school this would be good as I can go get some legal advice.

This is general discussions so all advice is welcome

red eye · 5 Mar 2016 at 19:09

Halfmad said:
Can't a child minder drop off for you?

dont know any childminders and for this reason I will not use a childminder

cainer said:
cant you just swap your kid for smth? might get a swap for a gtx970 on the MM

I'd want more than a 970, I asked him what to do about this and he said "take me to work with you" that is worth more than a 970, but he also said "when you dead im going to work were you work" I locked him in his room for that!

blueboy2001 said:
Just on Monday, or never again?

when ever my wife is working so twice next month and when ever shes rota'd

knip said:
If you've been doing it for 3 years, Google custom and practice. That should be enough of a blurb to put in front of them if they've suddenly changed things now.

I'll do that

multi quote fail

red eye · 5 Mar 2016 at 19:26

Dis86 said:
How old's your child?

hes 5

Jono8 said:
Have they given you a reason as to why they can no longer allow you to do this after 3 years of it being ok?

"its not their concern" but apparently I been doing it every other week last year
once in aug, twice in sept, and once in oct. I did say on avrage once a month but in reality its less than once a month

Rroff said:
Make a formal request for flexible working - parents have extra rights and there is an appeals process.

However if you need to look after your kids this Monday morning then you'll have to hope your employer is understanding :S (Though they wouldn't come off well in an employment tribunal if you had no other option when it comes to child care).

EDIT: There are various entitlements for parents in regards to leave, etc. but they all need to be arranged a reasonable amount of time in advance depending on how urgent you are talking about.

I was looking at flexy time but dont know how it would work for me. Would I have the time as unpaid or would I need to make it up? the only way I can make it up is on my day off which can work I suppose

Slam62 said:
If you can't get any cover, you have to look after your kids. That's the law.

I agree but I dont want to lose my job

opstrat said:
have you been doing this for 3 years?

I been there over 3 years I think I been doing this for 2 year an 8 months before new manager chucked his toys out the pram, told area manager who waved two time sheets with a load of lates on it funnily enough they happen to be the same sheets where I had to start late and finish early. not signed of course so not following company procedure. Thanks for reminding me I need to discuss this with a legal rep.

red eye · 5 Mar 2016 at 19:29

Adam said:
I don't understand why this is urgent.

im back at work on mon when I need to drop off and pick up my son. cant get legal advice on a sunday and I was working today. and the urgency is I want to plan what to do before I start a gaming sess

red eye · 5 Mar 2016 at 19:35

bsoltan said:
What kind of job do you have?

https://www.gov.uk/flexible-working/overview

in reality I'm a low paid mechanic and exhaust fabricator on contract I'm a fitter

red eye · 5 Mar 2016 at 19:39

Rroff said:
If its just the odd day now and again and your employer is open surely you can just switch around the day you have as off? assuming work won't suffer.

was able to do this as wife works some Saturdays but old manager spat out his dummy cos he cant run around a muddy field chasing men in shorts. works out ok I get a day off and an extra day with my boy. but if my wifes not working a saturday shes working on my day off

red eye · 5 Mar 2016 at 19:54

opstrat said:
the problem with custom and practice is that you could ague it but then your employer just ignores it. Its really how far are you willing to go. you would have to take it to tribunal, at your cost.

I just read something along those lines "its much harder to establish then believe"

costs for a type a claim £390 and a type b £1,200 dont know where my issue fits in.

To tell the truth I really dont care if I dont get paid for this time off. the way I look at it is I often work though most my 1hr unpaid and often stay late so customers get their cars back I have never asked to be paid so I see it as give and take. So from now on I will be on time, take my 1hr and finish on time no more give.

red eye · 5 Mar 2016 at 20:06

wesimmo said:
Flexible working probably isn't going to be the way to resolve this, the company has to consider it, but if they can prove that it won't fit business needs they don't have to grant your request. If they did then you would either agree when you work to keep up full time hours or the hours you would like to work, with financial implications.

I'd suggest that the fact you've been doing this for so long is the best way to proceed, it almost becomes and implied change to your contract if they've let you do that for so long before trying to make an issue not it.

when that was agreed my son was in nursery so I only had to finish about 45mins early, now I need a little over an hour to drop and collect.

But flexy would work for the swap day off for Saturday situation. in fact I have a half completed request I gave up when I saw that me taking parental leave on a Saturday costs me a days wages but I gain an extra day with my son the cost to the business is one man down on the busiest day of the week, I just need to get my wife's rota and all my debit card receipts for proof that an agreement existed if and when I get called in since I missed the breach of contract time frame.

red eye · 5 Mar 2016 at 20:18

handbook has a section titled "family friendly rights" blah blah statutory provisions etc and bullet pointed is "unpaid time off for dependents" nothing else so I guess this "unpaid time off for dependents" is contreacted

I got so many tabs open and I'm nowhere closer to finding out if the school run qualifies for time off for dependents.

I'm going to ring in the morning and explain that I am going to be late and will need to finish early and see how much they deduct.
whats the law on recording phone conversations, do I need to tell them or not?

red eye · 5 Mar 2016 at 22:02

its a fast fit type place that also do powerflow so its set hours 8.30 to 6.30 so no one can really cover.

in your post before you said that you denied the request in childcare situations. Out of curiosity and also to see how management works, what do you do when that person cant come in because of childcare?

in my case I have no choice my wife makes more than me and she cant really start late or finish early without cover, it would mean 4-5hrs lost but as its the nhs she'll get paid but she works critical care, one nurse to a bed.

red eye · 8 Mar 2016 at 22:28

So i been work and I can start late and finish early as long as its once a month max, so we'll see what happens.
And thank you all for the advice!

Syla5 that works out as 4 times during those 3 months the rest of the year the wife does the school run. I'm not really bothered about being paid for time I have off. And I agree flexy should be give and take but it should be regardless of flexy time