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Family Friendly Finished now on Park & Loop?

Got a question for a CWU Rep? And all CWU related matters.
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: Family Friendly Finished now on Park & Loop?

Post by fishtank »

http://www.equalityhumanrights.com/advi ... e-working/" onclick="window.open(this.href);return false;
Any changes put in place will be permanent unless the employer and employee agree otherwise. For example, the changes could be put in place for a three-month trial period and then reviewed.
http://www.xperthr.co.uk/faqs/topics/4, ... leid=88175" onclick="window.open(this.href);return false;
If, following a request for flexible working, a permanent change is made to a contract, the employer cannot make unilateral changes to the contract. If it does, the employee will have a potential claim for breach of contract and, possibly, unfair constructive dismissal. A female employee might also have a claim for indirect sex discrimination, if she is disadvantaged by the change to her contract.
http://www.hr-legal.co.uk/Flexible%20wo ... 0hours.php" onclick="window.open(this.href);return false;
If you accept an employee's flexible working request, this may lead to a permanent change to their contractual terms and conditions unless you agree otherwise.
So you have some clowns in RM and a numpty rep who think one thing and the whole rest of the legal/HR profession including the EHRC who think otherwise.
Tough call. :cuppa
good times, bad times you know I've had my share
chuckychucks
Posts: 97
Joined: 18 Jul 2009, 15:58
Gender: Male

Re: Family Friendly Finished now on Park & Loop?

Post by chuckychucks »

What about this


http://www.equalityhumanrights.com/advi ... ng-policy/" onclick="window.open(this.href);return false;

The right to make further changes
[Company name] recognises that situations change. When a flexible working application has been agreed, the change is assumed to be permanent. However, depending on the circumstances, we may set a trial period for the new arrangements, and we will review the situation at least on an annual basis. This will allow us to consider operational circumstances afresh, and in some cases it may be necessary to renegotiate working patterns. Likewise, after some time you may wish to request an increase in hours, for example if caring or other responsibilities have reduced.
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: Family Friendly Finished now on Park & Loop?

Post by fishtank »

The only important word in the paragraph....
renegotiate

Nobody is saying that a company cannot change your contract but it must be by agreement or they risk being taken to an employment tribunal over constructive dismissal or even in some cases discrimination.
good times, bad times you know I've had my share
cheekychoppy
Posts: 14
Joined: 30 Aug 2012, 18:11
Gender: Male

Re: Family Friendly Finished now on Park & Loop?

Post by cheekychoppy »

22
Last edited by cheekychoppy on 15 Aug 2013, 17:01, edited 1 time in total.
liamlayor
Posts: 82
Joined: 17 Mar 2010, 10:42
Gender: Male

Re: Family Friendly Finished now on Park & Loop?

Post by liamlayor »

19times wrote: 6 or 7 months back I filled out a Family friendly request form due to having a Baby. I was subsequently put on a new walk after having discussions with Management to meet my request. :neutral:
So, you should have a variation to your contract, hopefully a written one but this shouldn't matter as a verbal agreement is just as valid and if you can show that you have worked this altered duty since your request, agreement from both sides would be assumed by any "reasonable bystander" if you took it to a tribunal.

Have a look at this document submitted by Fishtank to an earler query


Duty Planning Individual needs and reasonable adjustments.doc

Other Legislative Requirements to Consider
Right to Request Flexible Working
• Does an employee already have arrangements in place?
• If so ensure that these are covered in an appropriate duty for that individual’s attendance pattern.
• Ensure this duty is ring fenced for this employee under the office re-pick
• If a person submits an application under this legislation during the design process, then the normal business procedures should be followed.
• These are detailed in the Flexible Working Policy
• It is important to note that managers are obliged to seriously consider all applications from eligible people and can refuse a request only if there are clear business grounds for doing so.
• It is vital that you contact your local advice and support team so that the legal requirements are met.
19times
Posts: 339
Joined: 11 Aug 2011, 13:36
Gender: Female

Re: Family Friendly Finished now on Park & Loop?

Post by 19times »

I just thought i'd update this.

I seen the Rep today and he basically said start/finish the same times until someone actually tells/sits down with me ie a Manager and not the bloke who i'm van sharing with because he is the one who's been telling me all this :crazy: and at no point has a Manager come to me.

I did hear off him aswell that I only have an agreement with a line manager :roll: even though i filled out the right paperwork and had a meeting in the office with two managers :no no

Trying to pull a fast one here.

I've got to see the Rep again on Mon as he's been 'released' from his duty to deal with office issue so hopefully it will get sorted.


'
cheekychoppy wrote:Just as a matter of interest @ 19 times how would you feel if one half of your shared van duty turned round to you everyday and said to you " see you mate , I've finished " yet you've got another hour to go ?? :thumbdown
It really wouldn't matter to me as fishtank below says and I'm not sure why anyone would get narked about it, I mean I wouldn't be thinking dam why is the other bloke still at Home when i'm in already! We would both be working our hours so i don't see an issue to be honest. On that point. I did suggest to my 'partner' we could start our round at the furthest point together get that done then I could then drop him near the office to finish off the last loop so he didn't have to walk miles back to the office ( last loop finishes 2 mins away from office)

I thought that would work well and I will probably raise that again when we sit down to discuss it.

fishtank wrote:What difference does it make as long as both are working their contracted hours?
Exactly fishtank.

I'll update this again on Mon but I fear they are out to screw me. :sad:
19times
Posts: 339
Joined: 11 Aug 2011, 13:36
Gender: Female

Re: Family Friendly Finished now on Park & Loop?

Post by 19times »

Well that was an effing joke to say the least :mad

I went in at my normal time and had a word with the rep who said just finish at the time i need to be done by which i did well went 10mins over but what a farce.

I left my partner to do the last loop near to the office and by that time he'll be going over as well which he doesn't do normally

Oh did i mention we struggled like hell and it was a quiet day :thumbdown joke AND still no mention to me about anything regards my situation, it's as if they expect me to finish at 2pm and my request was just a dream all them months ago :evil/mad


I'll be culling next time thats for sure, i aint running round like a prick.