Flexible working rights: Ask the expert

I went back to work after maternity leave and asked to go part-time, but I was told to work three days in the office and two days from home. I did this for a year, but I have been told that I have to come in on one of my two working from home days. I am very reluctant to give this option up as I want to pick up my daughter from school on those two days and I had requested to go part-time before, but my employer insists that it is necessary for me to do so because the work schedule has changed. What can I do?

This question revolves around flexible working. Employees with children under 6 have a right to formally request more flexible working arrangements. Employers have the duty to consider requests properly.
If your current working arrangement was agreed via a formal request from you to work flexibly when you came back from maternity leave, then that was a permanent change to your employment contract. In this case, your employer would need to consult with you formally before any further changes could be made to it. If they do not consult with you then you could claim a breach of contract.

If you had an informal arrangement on flexible working and have been on this arrangement for 12 months+, then this can be seen as “custom and practice” ie the arrangement has continued for a sufficient length of time for it to become ingrained as the your working pattern.
If your employer wanted to change this arrangement, they would have to consult with you to try and get agreement to vary the employment contract to different working hours and explain the business reasons for it. If you refused to accept this change then your employer might terminate employment and offer new terms but risk that you might not accept this variation and claim unfair dismissal.

While every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or ommissions. This information is not intended to be a substitue for specific legal advice.

Got any questions on childcare, employment issues, financial concerns, career advice, tips on juggling life and work and education? Email them to mandy@workingmums.co.uk and we will put them to our panel of experts.





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