Disciplinary if I don't work rigid hours imposed following flexible working request?

dimanche 28 décembre 2014

I accepted my role because it was agreed with my then-manager that I could work my hours flexibly. She left a couple of months after I started. The new manager didn't raise any objections about my work pattern and notes/emails from her implied she accepted it. There had been no problems with the pattern I was working; in fact it brought several benefits. On deciding to take on an OU degree, which would involve a lot of studying from home, I was concerned there was nothing written down about my hours, so decided to make a formal request. Not only was it rejected out of hand, but I was told that I must start working rigid hours and take an hour's unpaid break (I've always had 30 mins) to make me the same as everyone else. I submitted an appeal but got nowhere, so I have now submitted a grievance because the company didn't adhere to the legislative timescales or prescribed reasons.



They have said I must start working the new rigid hours when I return from leave at the start of January. The new hours will make my commute even longer than it is already and reduce the time I have for studying, thus putting me in a worse position than I was before applying for the flexible working I already had (verbally). I am concerned that if I refuse to accept the longer unpaid break and continue to leave at the same time I always have done (having worked my contracted hours), I could be subjected to a disciplinary. On the other hand, if I start complying with the imposed hours, even under protest, then case law I've read seems to imply that I will have accepted them. My contract states the overall number of hours I must work, but not the times.



What would be the best course of action that will protect me in this situation? Thanks.





Disciplinary if I don't work rigid hours imposed following flexible working request?

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