in reality I'm a low paid mechanic and exhaust fabricator on contract I'm a fitter
urgent employment question
- Thread starter red eye
- Start date
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
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.
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.
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.
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.
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?
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?
Last edited:
If Saturday is the busiest day of the week then you're unlikely to get that granted through flexible working.
I or my team have denied many people their request even in childcare situations as the person is asking to be scheduled in such a way it leaves us short when we really need people.
That said we're a call centre so we literally need to control bums on seats to 15 minute periods and we get a lot of chancers who take a contract, do the bare minimum service to qualify for a flex request and then ask to do a dream shift, no weekends, no lates or earlies, etc.
Your situation sounds less like an hour makes too much difference if you make the time back and a reasonable request given your history and flexibility when you are working, you've just got a dick of a manager.
I or my team have denied many people their request even in childcare situations as the person is asking to be scheduled in such a way it leaves us short when we really need people.
That said we're a call centre so we literally need to control bums on seats to 15 minute periods and we get a lot of chancers who take a contract, do the bare minimum service to qualify for a flex request and then ask to do a dream shift, no weekends, no lates or earlies, etc.
Your situation sounds less like an hour makes too much difference if you make the time back and a reasonable request given your history and flexibility when you are working, you've just got a dick of a manager.
Have you got any colleagues who would be willing and able to help? It's hard to suggest what without knowing more about the way things work there.
But, It'll be looked on more favourably if you can proactively suggest a solution.
e.g. Could someone work a longer day on the days you have to work a short day and you return the favour, that way they can still knock out the same amount of exhausts a day, you get what you need and a mate can have a lie in of a morning once in a while.
But, It'll be looked on more favourably if you can proactively suggest a solution.
e.g. Could someone work a longer day on the days you have to work a short day and you return the favour, that way they can still knock out the same amount of exhausts a day, you get what you need and a mate can have a lie in of a morning once in a while.
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.
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.
There's no hard and fast rule in practise, as long as we operate within the law.
If someone is consistently and systematically late without prior agreement we would discipline them.
We honestly do try and accommodate people's flex requests, we don't do it out of spite, and we'll go out the way to help find solutions or compromises not just flat deny things.
But specific situations will mean people are granted more leeway than the letter of the law would require.
In your case, we'd do all we could due to it being a long standing arrangement, your work method while there, etc
But if we get cases where we know someone's situation hasn't changed, they've just had enough of doing inconvenient shifts then we'll deny them if we really do need people at that time.
In our business people being late is a nightmare, once you start losing calls early in the day it is hard to rescue it, we therefore require absolute certainty that we can afford to lose someone from an early shift, we can't just let people start a bit later because they'd prefer to get 1 bus rather than 2 due to time tabling.
We'd also bend over backwards if someone, say, lost a partner or separated and significantly altered their situation.
If someone is consistently and systematically late without prior agreement we would discipline them.
We honestly do try and accommodate people's flex requests, we don't do it out of spite, and we'll go out the way to help find solutions or compromises not just flat deny things.
But specific situations will mean people are granted more leeway than the letter of the law would require.
In your case, we'd do all we could due to it being a long standing arrangement, your work method while there, etc
But if we get cases where we know someone's situation hasn't changed, they've just had enough of doing inconvenient shifts then we'll deny them if we really do need people at that time.
In our business people being late is a nightmare, once you start losing calls early in the day it is hard to rescue it, we therefore require absolute certainty that we can afford to lose someone from an early shift, we can't just let people start a bit later because they'd prefer to get 1 bus rather than 2 due to time tabling.
We'd also bend over backwards if someone, say, lost a partner or separated and significantly altered their situation.
Associate
so it approx once a month... can you not use 1 day off per month...then there is no problem...if they give you holidays easily.
Use holidays and now and again throw in a sickie
do verbal agreements (as in time off/altered agreed at interview) have to be written in the contract ???
Use holidays and now and again throw in a sickie
do verbal agreements (as in time off/altered agreed at interview) have to be written in the contract ???
That only works if you have plenty of money, if op gets sacked he might loose his home, and everything else
Associate
It's a dilemma that's for sure. You can try the custom and practice route as parental or dependant leave are not relevant in this situation.
Ultimately you have to decide how far you want to take it. Do you want to go as far as trying for contractile dismissal? I read somewhere that the max compensation you get from constructive dismissal is the loss of earning up to 1 year plus costs. But you then still don't have a job unless you can get employment quickly . Then again that new employment will also have to fit around school runs.
Ultimately you have to decide how far you want to take it. Do you want to go as far as trying for contractile dismissal? I read somewhere that the max compensation you get from constructive dismissal is the loss of earning up to 1 year plus costs. But you then still don't have a job unless you can get employment quickly . Then again that new employment will also have to fit around school runs.
Yeah that is the kicker
someone I used to work with took the constructive dismissal route and ultimately ended up with 7K payout (that they actually banked) and no job - atleast it gave them a bit of a buffer to find another job I guess.
I had a similar setup as my wife was also an hospital shift worker, so I agreed prior to accepting the position that I could have up to 3 days a month leaving at 4pm or WFH, with me providing at least a month's notice of what days based on my wife's shift pattern.
It was/is not something I am formally entitled to so potentially they could remove this privilege. Had they done so before my wife changed jobs, I would probably have sought alternate employment. The way I saw it, if the company decides they aren't happy about it then best to find something more flexible, rather than trying to pursue some sort of legal angle that will doubtless leave nobody particularly happy.
To be honest looking at your situation one day a month average sounds fairly reasonable; if they can't accomodate that (with sufficient notice which I assume you are able to give) then it raises questions about staffing levels and how much responsibility you as an individual have. In other words if they can't cope without you for an hour or two a month then it may be worth looking for someone a bit more flexible (assuming you are not being rewarded handsomely in which case you could probably make other arrangements for your child).
It was/is not something I am formally entitled to so potentially they could remove this privilege. Had they done so before my wife changed jobs, I would probably have sought alternate employment. The way I saw it, if the company decides they aren't happy about it then best to find something more flexible, rather than trying to pursue some sort of legal angle that will doubtless leave nobody particularly happy.
To be honest looking at your situation one day a month average sounds fairly reasonable; if they can't accomodate that (with sufficient notice which I assume you are able to give) then it raises questions about staffing levels and how much responsibility you as an individual have. In other words if they can't cope without you for an hour or two a month then it may be worth looking for someone a bit more flexible (assuming you are not being rewarded handsomely in which case you could probably make other arrangements for your child).
That averages out to more than once a month, not less...
From what I make from this, you occasionally turn up for work late, and occasionally have to leave early (with valid reason). You are not making up the lost time to the company. Are you still getting paid the same amount, or is this turning up late, and leaving early unpaid?
If you are getting paid for this time, and your not making it back to the company in anyway, I am surprised they have allowed it to go on for 3 years.
Flexible working is about give and take, if your just taking, its not flexible working.
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
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
You haven't made this very clear at all, you are saying you do the drop off pick up once per month, then say the 3 months mentioned were exceptional, and the only times in the year where you were doing the drop off.
I find it very surprising that you would have any issue at all if you only did this 3 months of the year. I feel we aren't getting the full picture here.
Also what you're describing is not flexi time at all, its being paid for time not spent at work when you should be at work. Regardless of why you're not there your employer does have a right to kick up a fuss if they are paying you for that time.
If it is unpaid then the matter is different and it becomes a case of the company being flexible to your situation as a parent, which in your situation they should be able to accept as it is very infrequent.
It all comes down to are you being paid?