Flexible Working

From 6th April 2009 flexible working has been extended to parents of children aged 16 or under (or disabled children under the age of eighteen) or those fitting the broader carer definition who now have the right to apply to you to work more flexibly. The request may cover hours of work, times of work and place of work and may include requests for different patterns of work.
The flexible working request procedures remain the same ie the employee must make the request writing and you have a statutory duty to consider the request seriously and to refuse it only if there are clear business grounds for doing so. Employees making applications for flexible working have the right to be accompanied at the meeting by a fellow employee.

In your situation you have not stated if the staff member has any dependents or carer responsibilities so that would the first point to check.

If the staff member has the right to flexible working (and even if it was agreed that it was a temporary agreement last year with the employee) if your line manager insists they revert back to the original hours then the member of staff is still able to place in writing a formal flexible working request and you'll need to respond as highlighted above.

If the employee does not have the right to request flexible working under the broader definition then it seems that the line manager verbal agreement last year with the employee sounds like an agreement. For example, we presume there was an instruction to say to your payroll administrator to reduce hours and pay. If the employee has been coming in at reduced start/finish times then this is another indication that the manager entered into an agreement. The longer the timescale that the individual been working the harder it is to argue of any claim to temporary arrangement.

We always advise to always put any amendments to contracts in writing - whether intending to be permanent or temporary arrangements.

If your line manager wishes to seek to revert to original hours then suggest start individual consultation process with the member of staff concerned - giving the business reason for the changes. You may find that the individual welcomes the extra hours in the current economic climate? If the line manager cannot reach an agreement or a compromise then there is option of terminating existing contract and then offering new contract with revised terms - this is not as straight-forward matter to deal with as you may expose your company to potential breach of contract claim - so this would be last resort and we advise that you seek further advice before proceeding down this route.

An office employee had a verbal agreement 12 months ago with Line Manager to compress his/her hours during the period of week. This agreement was never put in writing, however.

Now the person's line manager is no longer happy with the compressed hours situation he is asking that the hours are reverted back? What rights does the employee and employer have here in respect of 6th April change to legislation? What process needs to take place now?