Flexible Work Dispute
The individual, located in Western Australia, initially had their flexible working request approved by their current employer about a year ago. The arrangement allowed them to modify their work hours, presumably for personal convenience. However, they are now facing a situation where their employer is requesting that they work additional hours beyond what was originally agreed. This matter pertains to Employment Law, particularly concerning Flexible Working Requests and the initial terms agreed upon. They are seeking clarity and a potential resolution regarding this change in their work schedule.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my employer legally require me to work more hours than what was initially agreed upon in my flexible working request?
If your flexible working arrangement was formally approved and became a variation of your contract, your employer cannot legally require you to work more hours without your consent. Any alterations to the agreed terms should be mutually agreed upon. If your employer attempts to enforce additional hours unilaterally, it may be considered a breach of contract. It's advisable to review your contract and any correspondence related to your flexible working request to clarify the terms.
What steps should I take if my employer insists on changing the terms of my approved flexible working arrangement?
Review your employment contract and any documentation related to your flexible working arrangement. It's important to have an informal discussion with your employer about your concerns. If needed, submit a formal complaint outlining the issue and your desired outcome. Mediation could be considered if discussions are unproductive. For further support, you might reach out to a union representative or relevant advisory body for guidance.
Does my employer need to provide formal written notice if they intend to change the terms of my flexible working agreement?
Generally, if your employer intends to change the terms of your flexible working arrangement, they should provide formal written notice outlining the proposed changes and the rationale. Employers must follow fair procedures, and ideally, changes should be mutually agreed upon rather than imposed. It's important to check your employment contract for specific terms about notice requirements.
Am I entitled to any form of compensation or recourse if my flexible working request is altered without my consent?
If your employer changes your flexible working arrangement without your consent, you may be entitled to recourse. Such changes, if unilaterally imposed, could be considered a breach of contract. You may file a grievance with your employer or, if the situation is severe, consider pursuing a claim for constructive dismissal. It's advisable to document all changes and communications related to this issue.
How does the Employment Rights framework protect my flexible working arrangements, and what are my options if these rights are violated?
The Employment Rights legislation provides employees with the statutory right to request flexible working arrangements. Once approved, these terms become part of the employment contract. If violated, this may provide grounds for a breach of contract claim. Employees can raise grievances and potentially seek resolution through relevant advisory services or consider pursuing claims in an employment tribunal.
