flexible working request problems

[workweary]

I have worked for my employer for 12 years and have had no previous problems with my employer or colleagues. A few months ago I submitted a flexible working request so that I could try and balance working full time with caring for 2 children under 3 years old. Although it was initially met with opposition from the 2 managers I followed the correct procedures and my request was agreed on the basis it was on a 6 month trial. A revised contract was given to me showing this.

However since March I have been met with huge opposition from my colleagues (there are 7 others who have the same responsibilites as me, out of an office of around 30). 6 of these 7 have been very vocal about the fact that I work less late shifts than them due to my chilldcare responsibilities and they see this as unfair. I work my contracted hours and fulfill all my duties at work, I just do 1 less late shift every couple of weeks.

The manager who was initallly understanding, to the point that he informally said he would cover my extra late shift due to staff protests but the protests continued and he has given into my colleagues and formally requested me to work the same late shifts. His business reason for denying this part of my flexible working request, was that an adequate number of staff (of my grade) were required to work late in order to deal with the work presented and it is fair that everyone does an equal number.

I have already put in wriitng to my manager the fact that the behaviour of these colleagues towards me has been so unreasonable it summounts to bullying (isolation at work over a period of weeks etc). These points have not been addressed at all. Even though it hasnt been described as this in his business reason, the manager has basically given in to the bullies for an easy life. He pretty much said it himself, its either 7 uhappy people or 1 (me).

I have my final review next week once the 'trial period' ends, however even though my contract states they will decide at the end of the trial period, they have already told me their decision. Please help!

[Emmzzi]

You will note that a reason for decline is not "other staff are bitchy"

 

http://www.hrbullets.co.uk/employment-law-basics/flexible-working.html#tag4

 

 

• An employer's reason for refusing an application must fall within one of the following categories:
  
  • the burden of additional costs
    
  • detrimental effect on ability to meet customer demand
    
  • inability to re-organise work among existing staff
    
  • inability to recruit additional staff
    
  • detrimental impact on quality
    
  • detrimental impact on performance
    
  • insufficiency of work during the periods the employee proposes to work
    
  • planned structural changes
    

  [*]It is not enough simply to state that one of the above reasons without actually being able to point to solid evidence that such is the case.

I don't think your employer has business grounds for refusing.

 

OTOH I don't know if I'd want to work with the people you work with!!

[Sidewinder]

Agree with the above, however I would put money on a reason for refusal being

 

Inability to re-organise work among existing staff

 

Due to the lack of staff of an appropriate grade (ie Yours) to work the late shift, added to the inevitable work to rule of others when asked to cover!

 

Probably wisest to hit back with the fact that any refusal to extend the flexible working arrangement is based on reasons which do not clearly fit the prescribed criteria and that you are being being denied without good reason and will suffer a detriment. Make it clear that you intend to pursue the matter as far as you can, and include the bullying and harassment in your complaint too!

[workweary]

Thankyou for your replies. There are other staff who are the same grade who work in other branches who only do 1 late shift a week due to childcare. They have had their agreement in place for 3 years. I have referred to this in my meetings but the manager just dismisses this and says it is not working in our branch.

[Emmzzi]

So the next question is really how much are you prepared to rock the boat?

[workweary]

The answer to your question - Im prepared to rock the boat as much as it needs to be rocked. My employers agreed my initally was reasonable, just because other people dont like it, why should I pay the price, especially when colleagues at other branches also have the same agreement.

[lbruk]

Then go for it! An employer will find it very hard to defend a case where young children and childcare comes in, for whatever reason. Parental rights always come before employer rights (generally speaking!!)

[workweary]

I hope youre right, it very much feels like a 'david and goliath" situation. Im struggling to come up with with strong lines of defense against their view that the late shifts should be shared out fairly and evenly among the staff of my grade. Any help would be most welcome.

[assisted blonde]

Not from a legal point of view but this was agreed on a 6mth trial, if its not working for your collegues( because its not fair in thier opinion that they do late shifts and you dont) then although I know your employer has to have regard to your childcare arrangements but if this arrangement continues I would expect that you will find yourself billy no mates at work, TBh I can understand your work collegues problem I would feel it was unfair if i had to do late shifts and someone else didnt because they had children and we were the same grade/pay etc.

Your employer has to have respect for everyone in the dept and if x number of people are upset/angry because of what 1 person is allowed to do or not do i can see his problem.

Have you considered a different job/hours within the same company that dosnt involve late shifts?

You can obviously stand up for your rights but I personally would rather have a good working relationship with the people I was in daily contact with

[dmlferguson]

If I were you I would make it clear in your mind what childcare objectives you are trying to satisfy. From there make a list of ALL of the possible changes that can be made to satisfy this objective. Then be open to the changes they suggest.

 

BUT NEVER accept that your colleagues issues with you not doing late shifts is a good enough reason for you to be placed at detriment. You are working with adults and they should accept that what you are doing is for the benefit of your family not to put them at hardship. If they don't understand that then (if it was me) I'd make it very clear to them.

 

Don't give up. Be clear in what you want. Be fair. Be reasonable. Make sure they are reasonable.

[workweary]

The difficulty is how do you define a fair and reasonable request, I think my request is fair and reasonable, my employer thinks otherwise (even though they agreed to it 6 months ago....so it must have been fair and reasonable then) and they have agreed with other staff to the same conditions. Oh how I wish employment law on flexible working was more defined.

[Nystagmite]

why should I pay the price, especially when colleagues at other branches also have the same agreement.

 

But they may have more employees / less with children so could manage with the adjustments.

[unclebulgaria67]

Employers must have some form of process manual for dealing with these issues. You may be able to escalate the request to a company director or head of HR. If you can point to other people in other branches who have the same arrangement and can supply details of numbers of staff, plus some form of evidence regarding workload being similar, it may be difficult for them to turn the request down.

 

I have had some responsibility for dealing with such requests and sometimes, what is suggested is that the member of staff raises the issue with colleagues, to see if there is any way this can be solved as a team, rather than get into a situation, where others feel hard done by. If you are having problems with colleagues, this might suggest that there are issues in your branch, about how you work as a team. Sounds like bad management.

[workweary]

Thankyou for your comments. I really appreciate your time.

 

There are 2 other branches at least where a similar agreement is in place. 1 has the same number of employees as mine but less senior staff of my grade than in my branch, yet 2 staff only do 1 late a week. (no one else in my branch has the agreement). In the other office there are fewer employees, only 2 senior staff of my grade yet 1 of them has this agreement in place.

 

Sadly I think within my branch it has gone beyond any chance of negotiation between my colleagues. They remain very hostile to my request and yes I agree it is down to bad management. There are stronger characters within the branch than the manager himself.

 

My meeting next week is with the man at the top in personnel. He isnt known for his flexibility and understanding however I will definitely take your suggestion re presenting evidence about similar workload.

 

Thankyou again.

[unclebulgaria67]

Get the evidence together and suggest that your request is reasonable given the arrangements at the other branches. If you have problems with this, ACAS have a helpline that can advise you on such employment issues.

 

http://www.direct.gov.uk/en/employment/employees/flexibleworking/dg_10029491

[dmlferguson]

One last thing I'd like to wade in with before you plan your strategy is, it looks like your relationship with your colleagues has already been damaged. If this is the case, I cant imagine accepting working hours ,that will put further strain on you, will help.

 

Go in with some information about how to help harmonise the workforce. There is a wealth of information about techniques that can work. Also lots of information about how flexible working can improve productivity.

 

Be flexible but try not to accept that you should be placed at detriment due to being a mother. Its hard enough trying to juggle motherhood and working full time without having to deal with stroppy workmates too.

 

Good luck.

[workweary]

Thankyou for your advice, Im truely grateful.