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FWR in response to change in shift pattern

We have a factory employee (4 years service) who in 2021 changed their shift pattern (at request of company) to start at 05:30. the rest of the team start at 07:30am. Today the GM has issued a contract change (over 60 days notice) for him to change his shift pattern back to the same 07:30am start that everyone else does. The employee has responded to this with a flexible working request to keep his hours the same as they are now, but different from the rest. he said he will hand in his notice if he cant stay on these hours because of his partners childcare needs. the employee is a tricky character so this would work in the managements favour, when I've mentioned constructive dismissal they don't seem to care about the prospect of court! the GM tends to 'shoot from the hip' when making decisions so I'm waiting until the HR manager is back tomorrow before handing the request form in to him. I guess what I'm asking is, other than mention constructive criticism, how can I ensure the GM gives the request proper consideration rather use it as an easy way to get rid of a tricky character? thanks in advance

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  • This will ultimately come down to whether the business has a legitimate reason for rejecting the flexible working request. It must be one of the prescribed reasons:

    -extra costs that will damage the business
    -the work cannot be reorganised among other staff
    -people cannot be recruited to do the work
    -flexible working will affect quality and performance
    -the business will not be able to meet customer demand
    -there’s a lack of work to do during the proposed working times
    -the business is planning changes to the workforce

    I'm assuming the business has a reason for asking the employee to change hours in line with other members of the team. If they can reasonably evidence they have considered the employee's request and that it is not reasonable based on one of the above reasons, then there is little recourse for the employee.

    Getting the GM to give proper consideration should be as simple as explaining that you need a reason to reject the request.
  • In reply to Thomas:

    Agree entirely with Thomas’s observations. Business should be careful to follow at a minimum the ACAS Code on Flexible Working Requests. Provided the statutory etc rules are followed, declining the request is highly unlikely indeed to risk anything like a serious claim from the employee. Employer has up to three months from date of submission of request to respond.

    So, best to advise to respond fully in compliance with FWR rules but that’s all. ( Unlawful discrimination might be a hypothetical complication but seems unlikely here.)
  • I'm not sure you should necessarily label anyone a,  "tricky employee". The other side of the coin is that his management isn't as good good enough.

  • Good luck Natalie with this. I'm not sure 'shooting from the hip' is a great quality for a GM. As someone leading a business unit I'd expect them to be considered, measured, reasonable and I trust they'v already got a genuine business case for a change of contract for this one individual. If things were working well, it's a little odd to want to change it. What's the business case for change?

    I'd also have expected an automative challenge from the individual employee so a flexible working request is a reasonable response. They will have to respond to it in the ways listed below.

    I very much doubt it will be 'an easy way to get rid of a tricky character' and if the GM believes they are in a more powerful position over both the HR manager and the individual employee, I imagine doing the hard work on handling this to its conclusion might be an education. I'd be curious about the culture and consider the other people working in this area of the business, I wonder how they are treated.
  • In reply to David Perry:

    yes fair point. he has been badly managed in the past, getting away with aggressive behaviour and bullying
  • In reply to Sharon:

    thanks Sharon. the gm mentioned that the employee is a bad apple and doesnt care about going to court, just like I expected. I told him he might not care but it doesnt look good on the company or our careers in HR! he gave me a legitimate reason in that theres a supervisory gap at 5am and no scope to flll it, hence the hour change. we've only had a HR department for 18 months so theres a lot of work being on culture and values. all part of my career journey! thanks
  • In reply to Thomas:

    thanks. this gave me the confidence to push the gm for a valid reason which I did get. thanks
  • Hi Natalie
    You need to also look at why the employee was asked to change his hours, and why now is he being asked to revert back to original hours.
    I have had similar in the past where employees hours were changed as we needed someone to start early to turn on one of the machines, however when this machine was replaced there was no need for anyone to be in earlier as there was nothing for them to do. We did check other departments and couldn't continue to accommodate the early request. Employee moved onto night shift at his request and we offered a trial basis. Thankfully it worked out.
    I presume he cant do the 7.30 start as he has to leave earlier? Have you looked at him starting at 7.30 and finishing at an earlier time, could he do an extra shift or weekend shift every other weekend to make his hours up.
    He has been there 4 years so cant be that bad of a worker and initially changed his hours to accommodate the company. Is he being labelled a "bad apple" because he wont just fall in with the GM wants without question?
  • As always some great advice. Remove any of the performance issues and focus purely on the business requirements. Tell your GM about associated court costs if you lose - that can often help focus the mind!