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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think my flexible working request will not unreasonable?

237 replies

NameChangedOct · 10/10/2024 08:21

Hello! I returned from maternity leave 3 months ago. I’m full time, but had accrued a LOT of annual leave so have been using this to take every Friday off for the rest of the year, essentially working a 4 day week. From January I was hoping to request a permanent change, 4 days for 80% pay.

However, my manager is saying it’s really difficult for the team/business under my current working arrangement and may not be sustainable permanently. I do appreciate that the work I do comes in (with little notice) as tasks/mini-projects that take 2-3 days and are quite time sensitive. So usually I will start something on a Thursday and unable to finish it, I have to hand it over to a colleague (which I think is fine, only slightly less efficient, or if the colleague can’t get to it then it waits until Monday which delays the output beyond our usual times, but it’s hardly life or death). Everyone else on my team works full time, even those with young kids.

I’ve not put a formal request in but AIBU thinking the above is not a good enough reason for them to refuse this as a legal right as a parent.

i really love my job, colleagues and flexibility (I can WFH), but I also need a day off to spend with my little one.

OP posts:
Tablefor4 · 10/10/2024 10:22

I think you'd be better off asking for a different day earlier in the week, particularly Monday. Then I think the grounds for refusals would be weaker.

LottieMary · 10/10/2024 10:21

I think you should request formally anyway - make sure you put it in under the new rules and use ACAS support to word it all properly.

Do also strongly consider compressed hours; it means your future earning and pension don’t take the same hit and business wise might help as a Thursday assigned project could potentially be finished on Monday (if you’re doing an extra couple of hours on those days, for example).

PrincessScarlett · 10/10/2024 10:20

Unfortunately from the company's point of view they only have to consider your request. It would appear that Friday's are problematic both in terms of handover of work and stopping other people taking Fridays off so perhaps you could suggest another day. I'm also guessing there has been some moaning from colleagues about picking up the slack If your request has been refused so quickly. If you offered some solutions they might be more receptive to your request. Perhaps you could consider a job share or condensed working so the full hours are covered?

itwasnevermine · 10/10/2024 10:17

PfishFood · 10/10/2024 10:16

A refusal under the Employment Rights Act has to be because of one or more of the following:

  • the burden of additional costs
  • an inability to reorganise work amongst existing staff
  • an inability to recruit additional staff
  • a detrimental impact on quality
  • a detrimental impact on performance
  • a detrimental effect on ability to meet customer demand
  • insufficient work available for the periods the employee proposes to work
  • planned structural changes to the employer's business

They can't just refuse - they have to consult with you on it, and you can use this to discuss alternative options to see if there's a way around their concerns.

I would put in a request for Fridays off, then "compromise" to a different day (my friend used to take a Wednesday off and really liked it - she said it was like having a second weekend in the middle of the week!). Or offer a trial period (I know you say you're already doing a 4 day week, so use this to discuss the issues they perceive this is causing to see if there's a solution - they may just not have considered it, due to thinking the 4 days was only a temporary thing and would just go away when your holiday ran out).

If they then still refuse, they have to give you a written explanation as to why and you may be able to appeal it. Check your employee handbook or contract to know what your company's processes are.

https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/html

• an inability to reorganise work amongst existing staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand

OP has said all of these ^ occur. So they're well within their rights to say no.

PfishFood · 10/10/2024 10:16

A refusal under the Employment Rights Act has to be because of one or more of the following:

  • the burden of additional costs
  • an inability to reorganise work amongst existing staff
  • an inability to recruit additional staff
  • a detrimental impact on quality
  • a detrimental impact on performance
  • a detrimental effect on ability to meet customer demand
  • insufficient work available for the periods the employee proposes to work
  • planned structural changes to the employer's business

They can't just refuse - they have to consult with you on it, and you can use this to discuss alternative options to see if there's a way around their concerns.

I would put in a request for Fridays off, then "compromise" to a different day (my friend used to take a Wednesday off and really liked it - she said it was like having a second weekend in the middle of the week!). Or offer a trial period (I know you say you're already doing a 4 day week, so use this to discuss the issues they perceive this is causing to see if there's a solution - they may just not have considered it, due to thinking the 4 days was only a temporary thing and would just go away when your holiday ran out).

If they then still refuse, they have to give you a written explanation as to why and you may be able to appeal it. Check your employee handbook or contract to know what your company's processes are.

https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/html

Code of Practice on requests for flexible working | Acas

Revised Acas Code of Practice covering statutory requests for flexible working

https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/html

Youcancallmeirrelevant · 10/10/2024 10:15

It is a legal right to as for EVERYONE not just parents.

You shouldn't be passing work to colleagues in my opinion, if you want a non working day then you need to show how this won't impact other staff or your customers. Maybe offer different days as options for the non working day,

Stowickthevast · 10/10/2024 10:13

@NameChangedOct I know you said doing 5 days in 4 wouldn't work but maybe doing 10 in 9 might? Then you could have every other Friday off, which could be a reasonable compromise.

itwasnevermine · 10/10/2024 10:10

@QuickJadeUser but clearly it works when OP is there. OP is the reason it stops working.

Like I said up the thread, it's also incredibly selfish because it effectively eliminates the possibility of anyone else in the team having a Friday or a Monday off.

Some businesses function in pressured industries where a short deadline is needed.

QuickJadeUser · 10/10/2024 10:09

itwasnevermine · 10/10/2024 10:05

@QuickJadeUser, well, no.

Because OP has acknowledged that the nature of their work is dynamic and their Friday off frequently presents issues.

It presents issues because management is obstinate and refuses to work around it.

They have options. They can either stop over promising on deadlines, or they can allocate projects in a way that doesn't cause pieces to run over.

A well resourced business runs its staff at 80% capacity, so you're not burning them out and so you have slack for busy times. One person reducing their hours causing catastrophic reputational damage or causing serious timeline problems? Sign of a poorly run business.

Isobel201 · 10/10/2024 10:07

I don't work Thursdays which seems to suit everyone else in my current job. I like having a break in the week as close to Friday as possible, but its nice to come back online (wfh) for one more day. I work compressed hours, so f/t over 4 days. Maybe start earlier and have a break between 8:30 to 9:00 to drop the kids off at school?

Bramshott · 10/10/2024 10:07

I don't think Mumsnet is bitchy, just honest. It would be very easy for everyone to pile in and tell the OP she is completely reasonable, and that her employers are being really unfair, but that doesn't help with any kind of resolution or way forward. What's happened here is that PP have pointed out the situation from the employers point of view, OP has taken that on board and will go back to her employers to discuss constructively which is much more likely to lead to a good outcome.

itwasnevermine · 10/10/2024 10:05

@QuickJadeUser, well, no.

Because OP has acknowledged that the nature of their work is dynamic and their Friday off frequently presents issues.

QuickJadeUser · 10/10/2024 10:02

redskydarknight · 10/10/2024 09:14

I don't think anyone is being bitchy. People are pointing out that there is a legitimate business reason to refuse OP's proposed request and suggests she rethinks/comes up with other options.

OP has demonstrated by doing a 4 day week that it doesn't work for the business. I don't think that you as a senior manager would approve a flexible working request that would cause delays beyond the normal deadlines for clients?

It doesn't work for the business only because the management is incompetent. It's not like op is asking for 100% pay for 80% hours. They want to go part time. There is no reason they shouldn't be able to do this besides management being completely incapable of sorting out deadlines and resource allocation for projects.

Put it this way, if you have 5 people on your team, and one person reduces their hours by 20%, that's functionally equivalent to having 4.8 people on the team (as you've also reduced the staffing burden).

You can either increase resources by hiring someone new (maybe a 50% part timer) or you can reduce expected output and turnaround.

Viewing it any other way (which OP's employer is bound to do) is incompetent. Unfortunately the law doesn't protect employees from incompetent management, so OPs request is likely to be legally deniable.

PlayDadiFreyr · 10/10/2024 09:58

I do compressed hours, and spend an hour checking in to my emails on a Monday evening which is my off day.

People get a same day response on the Monday, I'm prepped for the week without interruption, and my working days are that little bit shorter.

It's a great balance.

pavementgerms · 10/10/2024 09:57

Their reason is totally acceptable.

GermanWeasels · 10/10/2024 09:57

It immediately jumps out to me that a midweek day would be better.

I would put the request in and say you don't mind which day.

As a manager that would endear you to me much more.

Twiglets1 · 10/10/2024 09:54

I think your employer would be more likely to agree it if you just ask to work 4 days a week rather than specifically asking for a Friday off. That could be the hardest day for them to cover seeing as it’s a popular day for people to take annual leave on.

A Monday might be easier for them to manage or mid week like a Wednesday.

QuickJadeUser · 10/10/2024 09:53

Ginmonkeyagain · 10/10/2024 08:43

Everyone wants Fridays off. I currently have two team members in my small team of 4 that don't work Fridays (I inherited them with that arrangement). It is mangeable but an utter ballache for arranging meetings and it means anything time sensitive falls to me on a Friday. So if I ever take Friday off nothing gets done.

Sounds like your business isn't very good at resource allocation. It's not like those team members are springing this arrangement on the team, you'd have thought people would have worked out how to set appropriate deadlines with the staff you have.

OP, I have to concede the people in this thread are right. The law doesn't make allowances for incompetency in management (which is rife, really). Realistically, no business should have problems with part time employees, but some do because their management is bad at their jobs and can't work out resource allocation or proper timelines.

itwasnevermine · 10/10/2024 09:52

Alifemoreordinary123 · 10/10/2024 09:50

I go against the grain here - it’s reasonable for you to ask and, unfortunately, they are within their legal right to say no.

However, it’s so short sighted. From a workplace perspective, they lose you and have to recruit - which probably equates to the productivity lose of your handing over for a whole year. At a macro level, our approach to working parents nationally remains poor in so many areas. Economic prosperity completely depends on people having babies, and yet we expect people (women) to have these babies and then run themselves ragged trying to raise them well and work. It doesn’t make sense. Same with those who care for people - it saves the state £m annually and yet their support system is poor. Your request isn’t unreasonable OP and I would spend time constructing a position which you go back to them with.

I'd imagine that in the conditions, the company would want a team player on their team. Not someone who views their desire to be with their child as being above the needs of the team.

Alifemoreordinary123 · 10/10/2024 09:50

I go against the grain here - it’s reasonable for you to ask and, unfortunately, they are within their legal right to say no.

However, it’s so short sighted. From a workplace perspective, they lose you and have to recruit - which probably equates to the productivity lose of your handing over for a whole year. At a macro level, our approach to working parents nationally remains poor in so many areas. Economic prosperity completely depends on people having babies, and yet we expect people (women) to have these babies and then run themselves ragged trying to raise them well and work. It doesn’t make sense. Same with those who care for people - it saves the state £m annually and yet their support system is poor. Your request isn’t unreasonable OP and I would spend time constructing a position which you go back to them with.

babyproblems · 10/10/2024 09:49

A compromise might be for you to change your day ‘off’ to another day - if you know that work comes in on Thursdays for example it would make more sense for you to take Wednesday off so you could finish the tasks without much impact. That’s if it’s predictable. If it’s not predictable could you have a floating day arrangement where you change your day off? If you had a nanny or childminder it might be feasible. Alternatively you could suggest you work three weeks of the month and essentially accumulate the days and take in one go - this would still impact them but at least be more predicatable and only affect the projects that week. Another idea might be to job share - eg you work part time and someone else does the other part time so it equates to one full time role. If there is an employee already there who wanted to do part time this could work. It’s very very hard to hang onto your job when the employer isn’t flexible to suit what you need as a mother.. O left my job after 4 months back from maternity leave for similar reasons in that I simply could not do the role in the time required and I had to make a choice. It’s a struggle many face.. I don’t know what the answer is if they won’t budge other than finding a new job or giving up for a while until child is older. Best of luck x

MrsBennetsPoorNerves · 10/10/2024 09:46

itwasnevermine · 10/10/2024 09:33

@MrsBennetsPoorNerves I think that poster has bought the telegraph scare tactics of "Labour are going to make things impossible for businesses!!"

People will have the right to request flexi working, the business can say no for business reasons. This would be a solid business reason

Yep, certainly sounds like she has swallowed a few Telegraph articles!

Fiveminutesinthegreenhouse · 10/10/2024 09:46

I would try a Wednesday as PP said. I wish I'd taken Wednesdays off now DD is older. I have Thursdays off but she does a mix of pre school and Nursery Mon, Tues, Weds. By Thursday she is exhausted so I think a day off in the middle would have worked well.

GertrudePerkinsPaperyThing · 10/10/2024 09:46

itwasnevermine · 10/10/2024 09:41

This is another factor. Nobody else can take a long weekend because OP has taken Fridays, leaving them all stressed, and then they have to be in on a Monday to hand over to OP/finish the task themselves. It's extremely selfish.

Yes very good point - Fridays are bound to be the most popular day and having someone permanently taking off the best day is really unfair

GertrudePerkinsPaperyThing · 10/10/2024 09:44

It has to be a valid business reason, not the end of the world. It delays work tasks for customers or puts additional work on your colleagues. Sounds like a good reason to me.