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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have worked a 4 day week on flexitime as a teacher for two

Resolved Question:

I have worked a 4 day week on flexitime as a teacher for two years. It was agreed that I would not work on a friday in order to care for my young child. I have been told that from September the day will have to Chang to a Monday. My child is in organised childcare Monday to Thursday and I care for her on a friday, so do not want the day to be changed. The reason the head teacher is doing this, is because another member if staff has reduced her hours. Should this affect my chosen day?
He says that the other member if staff who is reducing her hours has done so by a part time based contract, so because my contract is flexible working, she has more right than me to the days she works?
Thank you, Michelle
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.

taratill : Hello my name is XXXXX XXXXX I am happy to help you today. Was your original request made under the flexible working regulations?
Customer: Yes it was.
taratill :

were you issued with a new contract setting out your days of work?

Customer: My flexible working hours is reviews trembly as that is what I wanted. This is the second year I have been raking off a friday. That has never been an issue or questioned until now, because another member of staff has decided to work part time.
taratill :

Ok have the hours / days ever changed as a result of the review?

Customer: My contract is a flexible working contract allowing me to return to my full time position at the end of a term if I decide to. It states the number if hours worked, not the days.
taratill :

Ok but it was agreed that you would not have to work Fridays (even though this is not set out in the contract).

Customer: No. Nothing has ever changed until now.
taratill :

Sorry was it specifically agreed that you would not work Friday or not. I'm not clear from your response.

Customer: Yes.
taratill :

Ok thanks, XXXXX XXXXX is not entitled to just require you to change your day. Whilst they state that the contract is subject to termly review the effect of a change in contract under the Flexible Working Regulations is that the change is permanent. This means that if you do not agree to the change it would amount to a unilateral variation of your terms and conditions for the change in day to be imposed.

taratill :

You can raise a greivance about this to your employer. Ultimately the employer could give you notice (under the contract) that the day would need to be changed, but the employer would have to act reasonably in doing so.

taratill :

The fact that someone else is reducing their hours should not result in you having to change your days in this way. You can argue it amounts to a breach of trust and confidence.

taratill :

You have not stated if the other person has childcare issues, potentially if they do not you can argue a decision to change your days is discriminatory.

taratill :

If you have any further questions please do ask.

Customer: Sorry, it was agreed that I would not work on a friday. He said that the other person has changed to a part time contract and I have a flexible working contract, so I can't choose my day, the person who is contracted part time is contracted for certain days. Is this right? Do contracted part time workers have more rights than those on flexi?
taratill :

No he is not right. You do not have less rights.

taratill :

As you have reduced your hours and your day off is Friday this is what you are contractually entitled to.

taratill :

Your employer does not have the automatic right to change this.

taratill :

As I have stated above you should raise a grievance.

Customer: Thank you very much for your help.
taratill :

No problem, I do hope you can resolve this. It is likely that your employer does not understand the legal position correctly.

taratill :

Please do come back to me if you have any further questions and please take the time to rate my answer. Thank you and all the best.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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