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Flexible working requests being refused, because everyone will want it. Can they do this?

10 replies

flowertothepeople · 16/10/2014 19:54

This is a medium size company 80 staff, various departments, only reception really have to be there to cover all day.

But mine and a colleagues flexible working requests have been turned down because 'other people will want it'. Me and my colleague work in a dept where we don't have to cover telephones, rarely have meetings and have work without deadlines. Our manager didn't have a problem with us working flexibly. But I understand that personnel dept are blocking requests because other departments might not want, or be able to acommodate flexible working.

Is this an acceptable reason to refuse all flexible working requests? It's effecively a blanket ban on them. I've had a look at the ACAS link on the Direct Gov page and I'm not sure their refusal is ok or not Confused.

I've name changed by the way. If I don't return quickly it's because it's a pain to name change when I'm on my phone later.

TIA.

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toomuchcoffeetoomuchwine · 16/10/2014 20:21

Your employer is obliged to consider your request in a reasonable manner but they are not obliged to accept it.

This article, written by an employment lawyer, may be useful:

www.theguardian.com/money/work-blog/2014/jun/30/flexible-working-on-way-know-rights

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flowertothepeople · 16/10/2014 20:48

Thanks Smile.

Our management are so stuck in the dark ages. We have a high staff turnover, which never seems to bother them.

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mishmash5 · 16/10/2014 22:42

That is not a good enough reason to turn them down. Employers have a responsibility to properly consider all requests. I'd say that your employers are not following procedure

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YonicScrewdriver · 16/10/2014 23:12

Sounds wrong to me.

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MrsKranky · 16/10/2014 23:16

OP did you put in a formal request, following the formal process? If so they should also follow the process for their response, and I'm sure if that was the reason they gave you in writing as per the process you gace basis to appeal.

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manchestermummy · 19/10/2014 09:02

I had this once. I made informal enquiries about changing my hours slightly (starting work 15 mins early and only taking 30 mins for lunch rather than the 45 which was what we had to take) in advance of submitting a formal application. None customer-facing role. Line manager asked overall service manager said no on the grounds that "noone in the department has flexitime and we cannot have a precedent set". She also said no point in putting in an official request as it would be rejected without consideration.

I wasn't asking for flexitime; I was looking at flexible working. ACAS told me "fear of a precedent" was NOT a business reason to reject a request.

I lasted three months there post mat leave and found a new job with actual flexitime.

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manchestermummy · 19/10/2014 09:04

Oh meant to say good luck and hope it works out for you!

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flowertothepeople · 20/10/2014 18:30

sorry, I'm back now. I put work to the back of my mind over the weekend and now it's looming over me again Sad.

mrskranky I haven't had the request denied in writing yet. I'm waiting to see if they bother to do it properly TBH.

Thanks to all who also said it didn't seem right. I'll do some more homework and decide whether I need to appeal.

manchestermummy that's what I feel like doing, starting a job hunt for somewhere with proper flexitime. I'm not sure it even exists outside the public sector these days though Confused.

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mishmash5 · 21/10/2014 11:59

Also check if they have an appeals process (as they don't have to, but its good practice to). If they don't you could write a note to HR explaining that you are concerned that the reasons for refusal doesn't fit in with the reasons why they can refuse: (below)

.extra costs which will damage the business
.the work can’t be reorganised among other staff
.people can’t be recruited to do the work
.flexible working will affect quality and performance
.the business won’t 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

and that'd you be grateful for an more robust reason.

If they do have an appeals procedure then you could failure to provide a suitable business reason for refusal as the reason for your appeal.

Good luck!

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daisydee43 · 22/10/2014 13:20

my cousin got refused flexible working as they said her job was a full time post. must have been ok cos her dh is a lawyer. she got a job share by ringing hr dept was lucky to do so

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