Work issue - what to do....

MeatLoaf

MeatLoaf

MeatLoaf

Soldato
Joined
1 Dec 2005
Posts
14,627
Location
Stoke on Trent
Ok, long story short i have 5 kids, 4 from my previous marriage and a new baby with my new partner.

I was working 40 hours a week and at the end of august i submitted a letter to my employer stating that i wish to apply for a flexible working pattern. The reason for this is twfold - 1, i can spend more time brining up new baby and helping my partner and 2. I can have my other children overnight for 3 nights instead of just one. I used a template i found online and put in all the points required. I gave 32 days notice of when i wanted to start this new pattern.

I waited a few days until i asked my manager if hed read the letter. He said yes and assured me all would be ok and my request was approved. I left it a few more days and asked again and he said it was all sorted and id start my new shifts on my requested date, 1st october. Sure enough the new rotas appeared and i was working less hours as requested.

Fast forward to the start of november and we get a new manager ( 4th one in 3 years :rolleyes: )

She informs me that the previous manager didnt follow procedure with regards to my application and said id have to work extra hours as requested. I agreed to work an few shifts a month provided i had adequate notice. She went on to say that if i didnt do extra to cover others then id not be able to have any annual leave. Now i kinow this is illegal as im entitled by law to 5.6 weeks.

Since then another member of staff has left due to issues with the manager she was having. So her shifts need covering. I put my name down for 1 extra shift a week to cover leaving them with another shift to cover.

So yesterday i get a call asking me to work 15-23 as someone had phoned in sick. I said i couldnt as i had family over from london and we were going out for a meal.
This afternoon at 13.15 i recieve a call asking me to work 15-23. Again i have to decline because i have my kids. These plans were made weeks ago when the rotas went up.

I get the feeling im in for a rollocking tomorrow because they rang me 2 days in a row and i didnt go in. But im already doing extra this week ( tomorrow ).

I expect ill be called into the office at the end of my shift at 3, but ill have to tell them i cant stay as i have to be up school for 3.15 to pick kids up.

I can see me having a sleepless night with worry.
 
don't worry about it.

you seem to be working your contracted hours and surely you're just one on a list of a fair few who they ring to cover the other shifts?
 
I wouldn't worry too much. you offered to take on extra shifts, and are doing them. they have asked you to work the extra ones with too little notice, and you are in no way obliged to work them, especially as you have prior commitments. just sounds like the manager needs a dose of reality and a kick up the back side!
 
You could tell HR that this crazy bint thinks threatening to take your annual holiday off you is motivational. Perhaps suggest retraining the new manager so she has some grasp of business?

Otherwise the upcoming employment tribunal should go rather strongly in your favour.
 
Write everything down, keep personal notes.

Don't be forced into apologising for having time away from work.

I would also phone ACAS regarding the threats to your contractual/statutory rights.

Re-submit your request for FWH.
 
First up get the confirmation from your previous boss that it was approved. Take that to HR.
See what they can do about confirming your request and follow their guidance.

I had a manager who did similar and threatened to remove my right to better working hours and also taking holiday from me. Confirmation from HR and a link to the legalities of the request and he soon shut up though.

Don't worry about it, if you are not scheduled to be in work then they cannot force you to cover.
 
What does your contract say regarding cover?

Do you have anything in writing confirming your new working patterns?

Do you have a copy of the new rota with your amended hours on it?
 
This situation is quite simple-

1-did you get a new contract after your flexi time was approved?
A- yes
B-No.
If the answer is a, tell them to get stuffed.
If b, get to work and re submit the request.
 
MeatLoaf said:
This afternoon at 13.15 i recieve a call asking me to work 15-23. Again i have to decline because i have my kids. These plans were made weeks ago when the rotas went up.

I get the feeling im in for a rollocking tomorrow because they rang me 2 days in a row and i didnt go in. But im already doing extra this week ( tomorrow ).
Click to expand...

Would you expect a rollocking if they called you at 4am on a Sunday night* and asked you to come in and you (quite rightly) said no?

This is no different - you're not contracted to work those hours, and while you may choose to go in to help out or because you need those hours, you have no obligation to do so.


*If you are actually rota'd to work at 4am on a Sunday night, then insert an equally stupid time of your choice
 
Aye they can't discipline you for not going in for an additional shift on a spur of the moment call. I'd start keeping a list of things, this new manager seems like one of those uppity ones that thinks because they're a manager than can do whatever they fell like.

I'd get upto speed on the working time document with regards to timeframes and stuff as this wife seems like a troublemaker.
 
Ask the other who work with you if they are getting similar treatment from her, if so get them to start keeping notes too. Bullying in the workplace should never be tolerated.
 
Mangers issue not yours.

As much as people love to hate on managers in a lot of circles its this sort of things thats a pain in the arse to deal with, and thats why they get the bucks.

I strongly believe the best working environments are where there is give and take from both sides. Where either side thinks they have some massive upperhand then the chances are everyone loses out. I mean overbearing unrealistic management from the company side or unnecessary rule quoting and working to the letter not the spirit from union shopstewards as examples.
 
robskinner said:
Mangers issue not yours.

As much as people love to hate on managers in a lot of circles its this sort of things thats a pain in the arse to deal with, and thats why they get the bucks.

I strongly believe the best working environments are where there is give and take from both sides. Where either side thinks they have some massive upperhand then the chances are everyone loses out. I mean overbearing unrealistic management from the company side or unnecessary rule quoting and working to the letter not the spirit from union shopstewards as examples.
Click to expand...

In this instance, better working hours, you have to follow the rules as the majority of the time you are requesting better hours to spend with your family. Not a one off occasion, but regularly like child care etc.
you cannot suddenly change that from a company perspective hence your hours are agreed to until further official notice of change.
 
Just remember with flexible working that holidays are pro rata.

Eg if you got 20 days for working a full time 40 hours week but then only worked 20 hours under flexible working then your holiday allowance would only be 10 days.
 
Morba said:
you cannot suddenly change that from a company perspective hence your hours are agreed to until further official notice of change.
Click to expand...

OP could probably argue that as the new rota reflected his flexible working request, the change was agreed. Custom and practice > contract.

Hopefully OP has some emails from the old manager to back this up. If the line manager had the authority to tell OP that the new hours were agreed then the company has to stand by that.

I'd take the holiday thing to ACAS and/or raise a grievance against the manager. Someone needs "retraining". Might as well discuss the flexible working issue with ACAS too - they can give you chapter and verse.

If they try to call you in after your shift, they can pay you overtime or move it to within working hours. If you are off the clock, they can go twiddle.
 
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