Work issue - what to do....

[grumpysculler]

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.

You get 5.6 weeks (statutory, contract may give more). If a week is 40 hours, you get 5.6 x 40 hour weeks. If a week is 20 hours, you get 5.6 x 20 hour weeks. Days are neither here nor there - statutory leave is worked out in weeks.

 

[Morba]

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.

Exactly, and pretty much what i've already posted

Just hope that the agreement from his old boss wasn't verbal only. Though if the OP has a copy of the request (which should include the date that it would start) and all rota's up to the point of the new manager changing things he could be able to prove that an agreement was accepted and in place by showing the amended rota's.

 

[Weazle]

If you're not scheduled for the shift in the rota, you don't have to give a reason that you can't do it as its personal .... the manager can't force you to work an unscheduled shift and no one can hold that against you if any disciplinary action comes up.

Now with the flexi-time, you're on grey area here. If you have a signed contract that says you're allowed to have flexi-time, then your butt is covered. Check with HR if anything was put into writing by your old boss and HR confirming the agreement, the more written proof the better.

With no contract or no HR confirmation (eg. goodwill, handshake agreement, etc), you will need to have any correspondence with your old boss in form of letters/emails/etc to prove that it was pre-arranged. Then you will need to sit down with HR and the manager to come to a compromise. Unfortunately, a lot of these non-contractual flexi-time, etc are the discretion of the manager, that means your new boss can still revoke your flexi-time as its not a contractual obligation if flexitime is not in the employment contract/agreement you signed.

 

[LordSplodge]

Five kids? Wow. I'd go to work for some space. You have exceeded the 2.4 average one child was more than enough for me.

Nothing more to say as plenty of advice has already been given.

 

[MeatLoaf]

Well i went in today and nothing was said, however the manager wasnt in.

I did get asked to stay extra today but couldnt as i finished at 3 and had to be up school for 3.15pm. I was also asked to work tomorrow and friday. I said i cant as i haver the kids until the weekend when im due in again.

So well see what happens next week.

But yep i have a copy of the letter i sent originally and i have records of when i worked from 1st jan this year

 

[Weazle]

But yep i have a copy of the letter i sent originally and i have records of when i worked from 1st jan this year

Did you check with HR that they had received a formal request from your old manager (and the approval)?

It is looking like your new manager is using technicalities against you so no matter what informal correspondence you had betwen you and your old manager, anything official from HR will only shut her up I'm afraid.