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Flexible Working Rights

Question: I am looking to return to full time work wth the opportunity of buying a business and working on a self employed full time basis. To assist me, my husband has asked his employers for flexible working, working three days in the office, two at home.

He has regularly worked one day a week at home for the last three years. They have refused, despite other similar cases, both male & female managers being allowed to work flexibey. Everyone except his line manager accept the proposal will work.

The home working would allow him to share the childcare duties for our three children, 13,10 & 7, whilst leaving me to concentrate those two days on the business. My husband has offered to reduce his hours and find a job sharer, work three long days on site in addition to working from home to offer extra cover for the business - is there anything we can do?

Is this discimination against a man who wants to help his wife with a career and share the responsibility? He is now having to leave a job he loves to seek the flexible arrangements elsewhere! Does he have to do this?

Please help as it is making us very unhappy, and I feel guilty that my husband has no redress and has to leave his job to help me. His contract does not state working days, or place of work, it states 27.5 hours per week. Please help. Anne

Hello Anne - thank you for your question about flexible rights for your husband at work. I am not sure what the legal position is but you do say in your email that other people in his organisation are allowed to work flexibly.

If you have told me all the relevant factors, it does seem inappropriate that your husband has not been allowed to do the same.

It might help for him to talk to his line manager who seems to be the one opposed to the new arrangement and even to get in writing what the objections are. If your husband has already been working from home one day a week, it would appear that this arrangement is possible for the kind of work that he does.

There is an organisation called "Working Families" which might be able to help you. They do have factsheets and also run a helpline to answer questions such as yours. (Helpline 0800 013 0313 - www.workingfamilies.org.uk).

Perhaps there is something else going one which your husband needs to address as it does seem that he is being unfairly treated. I do hope that this advice is useful for you and leads you to a happy outcome. Diana Wolfin

www.changingdirection.com
Changing Direction
PO Box 164
Pinner, Middlesex
HA5 3YL
020 8868 7818
email: dianawolfin@changingdirection.com



Hi Diana: I work full time for Staples [in the US] as a product Specialist for technology items. It is a sales job with a monthly quota. I just had my second baby 6 months ago and my 1st child is 2 1/2 years old.

I came back to work about 4 months ago. I have been struggling with my 1 hour commute each way (some times 1 1/2 hours to two in the winter) I really want to cut my work to 4 days a week and have not found a way to communicate that to my boss.

We have talked about it but she just listens and does not get me an answer. She seems like a reasonable person being a mother of two herself. I constantly meet my goals and I am well liked at the company.

I wanted advice on how to aproach this or a sample letter that I could read to use ideas on how to write it to make it a formal reuqest. Thanks for your time and for your kindly advice, Kay

Dear Kaye - I can see how frustrating it must be for you trying to adapt to your role as a mother of two children and not being able to get through to your boss.

If you can, it would be good to schedule in a formal meeting with her and take in your questions on paper so you can maximise the time you are with her.

Do you know why she is reluctant to give you an answer to your request to work four days a week? It may be that she is very stressed herself - you do not say what kind of work you do and I presume from your location that you are in the USA.

I cannot comment on what is legal there but if you request a formal meeting, it would seem appropriate that you should get one. It would also be helpful for you to get in writing what is decided or said at the meeting so there is no misunderstanding about what you want and what the company is prepared to give you.

Perhaps you could also see how you could offer something in lieu of the time you want to cut down. Would it be possible to work longer on the four days you are in, to make up the time? It seems that you are a valuable and valued employee and they might perhaps prefer to keep you on rather than recruit and train someone else which is time-consuming and expensive.

I do not know how family-friendly the American workplace is but there is also the possibility that you might be able to work from home if the nature of your work allows it . As far as a sample letter is concerned I think that would be difficult for me to suggest on the little information you have given me.

I hope this is of some use to you and wish you good luck with it. I hope it works out for you. Diana Wolfin

www.changingdirection.com

Changing Direction
PO Box 164
Pinner, Middlesex
HA5 3YL
020 8868 7818
email: dianawolfin@changingdirection.com


Moving jobs, I had a telephone interview with a company where I was personally recommended. At the end of the converstation the MD asked about my personal situation i,e a 16month old boy and how I would cope. I am not sure how to take the interview process now as I feel if I say I need to work around nursery hours I will fail the interview because of this and not my ability to do the job. What can I do? Vanessa.

Dear Vanessa - Telephone interviews can be difficult for both parties as they do not give you the same opportunity to ask questions and to deal with responses as an interview which is face-to-face. I an understand your concern and I am not sure that it is proper for you to be asked about your personal situation as it has no relevance to your ability to do the job.

If you were recommended by a personal contact then the MD should already know that you are suitable if he trusts the person who put you forward. You do not say whether there is another interview or whether the job is likely to be given on the phone interview only. You cannot change the fact that you have a young child and if you were in a face to face situation, I would recommend looking the interviewer firmly in the eye and saying that your childcare arrangements are totally in hand and you are looking forward to the opportunity of joining his team and making a contribution.

It may be, however, that this is not the right organisation for you if they are appointing people on improper criteria ( i.e.. who is the most convenient to employ rather than who can do the job the best). If you decide that they are not for you, I hope that you will continue your job search and find a prospective employer who will value you for what you can bring to the job and not look at you as a liability because you have a child. Good luck - I hope you find what you want. Diana Wolfin


My wife currently works as a track assembler for a major car manufacturer ( 5 years service). Very recently her employer has decided to move her and approx 16 other colleagues’ place of work to another of the company’s sites, which is approx 15 miles further away from home. This means an additional 30-40 minutes travel time each way. The problem is that our 2 year old daughter cannot be dropped off at nursery until 7 am at the earliest and I work away from home during the week. Whilst this was no problem at my wife’s current site ( her start time is 7.30am) the additional travelling involved as a result of the imposed change of site will mean that she cannot get to work for a normal start time. Management so far refuse to budge. Does she have any rights?

Unfortunately because I don’t know the specifics of your wife’s situation I cannot give you a definite answer. What I can say is that she may have some rights in this situation, and should seek advice ASAP. Your wife certainly shouldn’t just start turning up late for work every day, even if that seems reasonable. If she does she may lose any bonuses she would be entitled to, and could even lose her job. Your wife may have a claim for constructive dismissal, depending on whether there is an express term in her contract, or an implied term, regarding location or mobility. She will need to seek advice on this. It is also possible that your wife has grounds to challenge the change of location on sexual discrimination grounds. This would depend not only on her circumstances but also those of the all other workers affected by the move. The most likely solution, however, is provided by the Flexible Working Arrangements Regulations that came in last year. Your wife now has the right to ask her employer to change her working hours. She can ask to start and end her shifts half an hour later, or whatever arrangement would be most practical for you. By law, her boss has to fully consider a request for flexible working seriously, but does not have to agree to it if it is impractical. Your wife must make this request in writing. These changes would usually be permanent unless contractually agreed with her boss otherwise. Her boss must then meet with her within 28 days of receiving her request to discuss her proposals in more detail, and explore any other alternatives. Her boss then has to give her a written reply within a fortnight. If this request is denied, her employer has to provide clear business grounds (which are detailed in the regulations) as to why, and your wife will have a right to an internal appeal for 14 days. If her application is turned down she should get further advice. As you are only entitled to make one application for flexible working each year it is best to see an adviser about what to include in it. In short, your wife needs to see an employment adviser ASAP, and she should take a copy of her contract to that meeting. If she is a member of a union she should also contact her representative straight away.


Are there any laws that protect single working parents who work inconvienent hours around child care, and anything the employer can do to accomodate the needs of childcare? Charlene.

Charlene, Many thanks for your email. There are laws protecting all parents who have to work inconvenient hours and you can read about your rights as a parent and an employee at the DTI's comprehensive website here: http://www.dti.gov.uk/er/individual.htm In addition, you have the right to request to work flexibly and your employer has to follow a set system to discuss your needs. This was put in place by the Government. You can read more about how to apply for this at: http://www.dti.gov.uk/er/individual/flexible-pl516.htm Be strong on this - your employer must listen to you and you can put this on a formal footing using this system. If you have any problems, the DTI can step in so make sure you read the information on their website in full. Best of luck - do let us know how you get on. Regards, Mother@Work


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