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Flexible working question - not obliged to answer?

161 replies

Difficile · 14/03/2025 11:17

I'm looking to apply for flexible working. I know my request will get refused before I've even asked because I've been told it will, but I'd like to put the request in anyway just in case.

One of the questions on the form asks about how my request will impact my work and colleagues. According to ACAS (and the law) it is no longer required to answer this question, so AIBU to write just that in the section?

Something like "I am not obligated to answer this by law", just short and to the point?

OP posts:
0ohLarLar · 14/03/2025 15:17

Also, how is it rude or confrontational to state a fact - by law I do not have to answer the question.

Because by law they don't have to give you the flexible working, you want it and they have the power to give it, so ask nicely and try to make it easier for them?

Think of it as a business case. Recognise the challenges and offer solutions.

Cyclebabble · 14/03/2025 14:44

So I am an employer. Flexible working arrangements come on to my desk from time to time. The team my direct reports look after can be quite large and whilst I understand what everyone does, I may not be as close to it as you and your direct Manager are. As a business we try and do what we can to accommodate reasonable requests, but maintaining business effectiveness takes priority (as it should). You could indeed not answer the question, but in doing so you loose an opportunity to strengthen your case and influence me. If it comes to light that you decided you were not obliged to fill it in and did not, I think I would feel a little puzzled. Feels a bit like you are working to the rules and therefore might be someone who would benefit from close supervision.

Velmy · 14/03/2025 14:27

Difficile · 14/03/2025 12:49

That's your opinion. I'm well aware of my skills and my abilities. 👍🏻 I don't need to be modest about it.

Surely in that case your employers would be bending over backwards to keep you, not telling you they won't even consider your request before you've even filed it?

Negroany · 14/03/2025 14:27

bigfatfeet · 14/03/2025 11:30

You aren’t obliged to answer it (I work in HR and we got caught out by this change last week) but I’d see it as an opportunity to think about any potential reasons they may have for rejecting your request and coming up with solutions to mitigate them.

It changed a year ago. You really should try to keep up to date!

NeverDropYourMooncup · 14/03/2025 14:24

Play the game and give the reasons it's an advantage to them - means they'll keep the experienced current staff member instead of needing to recruit a replacement and train them or take on the work themselves.

Candledrip · 14/03/2025 14:17

You can write that but I think you’d be cutting off your nose to spite your face

IpsyUpsyDaisyDoos · 14/03/2025 14:17

Difficile · 14/03/2025 11:40

They absolutely do as my manager and managers manager both did my job at one point. Plus the micromanaging is ridiculous, which is partly why they're refusing.

My line manager is now head of our department. He did my job once upon a time. But as we work on different things and jobs evolve over time, processes change, the way you collaborate with others changes, it will be very unlikely that it's identical. My role now looks very different to when my manager did it.

I asked for flexibility prior to this being removed as an obligation. I used it as a way to mitigate any concerns. Worked.

Futurehappiness · 14/03/2025 14:17

Difficile · 14/03/2025 13:49

Thank you for this. I'm not interested in constructive dismissal, despite some of the more disparaging remarks against my character.

I essentially informally asked my manager, who said she'd discuss it with our overall manager. My manager came back to me and said my flexible working request wouldn't work for the company but I could always come back as a consultant if I wanted to and work on an ad hoc basis. I pointed out that much of my flexible working requests would still apply even as a consultant and she said she "realised that now" after talking to me, and that it was regrettable that they didn't think it would work. Manager then suggested I fill in the form anyway and see what happens.

It does have a flexible working policy, last updated a few years ago and due for renewal next year, it just references filling out the form, rather than specifics.

I think your manager potentially made a serious blunder by suggesting consultancy work and has laid your employer open to claims - although you are not intending to pursue constructive dismissal, they do not know that.

Is there an HR team at your workplace and if so are they effective? If so they should be horrified at this.

I don't actually see there is anything wrong with your attitude and I don't agree at all that a Flexible Working request should be approached as if asking for a favour. It is a legal entitlement for employees to make FW requests, enshrined in Government policy and recognised as beneficial to both parties. The onus is on the employer to comply with legislation and ensure they handle the request reasonably; not on the employee to 'sell' the proposal or beg for favours.

Toomuchlemonade · 14/03/2025 14:15

Out of interest, is this a new change? Only wondering as I also had to answer this question when completing a flexible working request (NHS), however it was over a year ago.

DingDingRound3 · 14/03/2025 14:13

Bushmillsbabe · 14/03/2025 14:09

I agree. I know I'm good at my job, from feedback and outcomes. And being good at it gives me more flexibility. And sensible employer will try to work with an excellent employee rather than lose them. My 2nd set of flexible working requests after I had my 2nd DD was declined, my response 'thanks so much for considering, I appreciate your perspective but this is essential for me, so you will have my resignation in the morning'. Suddenly my request was agreed, because they preferred that to loosing me.

OP, if you are very valued, sell your request well, and they will be likely to grant it. If they don't, it's because they don't value you enough to not risk loosing you, or you didn't sell it well enough, or it's impossible for them to accommodate.

A great response, and just shows you were right about being good (if not excellent) at your role... seems people can self asses!

Seems ridiculous however that a valued employee would not get due consideration first time.

They should put me in charge (everywhere), I'd sort this sort of crap out 😂

TheCompactPussycat · 14/03/2025 14:12

LazyArsedMagician · 14/03/2025 13:55

I think as you're planning on leaving anyway, I would be tempted to answer that while under current laws I am not obliged to answer, but if an agreement cannot be made I will have to hand in my notice which may cause a longer term disruption to the team with the subsequent hiring and training of new staff.

(sidenote: seems odd to ask that anyway? Surely it's up to your manager to say that, I dunno, the team is at capacity with current working schedules so you working 10 hours fewer than your colleagues would mean an additional 2 hours of work per person. Or whatever)

Surely it's up to your manager to say that, I dunno, the team is at capacity with current working schedules so you working 10 hours fewer than your colleagues would mean an additional 2 hours of work per person.

"I appreciate that the team is at capacity with current working schedules so my request to work fewer hours may have a further detrimental effect. However, working fewer hours will enable me to have the downtime I need to ensure that I am able to be 100% focussed on work during my remaining hours which should help to mitigate some of the detrimental effects. The company would also benefit from retaining my knowledge and experience built up over the last [x number of] years but, at the same time, it could open up the opportunity for some of my team to be able to step up to take on more responsibility and gain important skills which would help to ensure continuity of service in my absence."

HappyFitnessQueen · 14/03/2025 14:10

This is your chance to make a case. Don't be defeatist - give it your best shot. I'd fill everything in - it will show willing on your side even if you aren't obligated to do it.

Bushmillsbabe · 14/03/2025 14:09

DingDingRound3 · 14/03/2025 13:58

I'm bloody good at my job and since we are performance measured, results monitored, I know that's not just my opinion.

What a ridiculous comment.

OP I think you must consider human nature, rather than the law. Pitch it, ask nicely, give it a spin in the right direction and hope it lands.
Yes people can be an arse simply to make a point (note comment above), but you won't know until you try.

Good luck. We wonder why most men are in charge and the brain drain from industry continues. Ridiculous attitude from your firm.

I agree. I know I'm good at my job, from feedback and outcomes. And being good at it gives me more flexibility. And sensible employer will try to work with an excellent employee rather than lose them. My 2nd set of flexible working requests after I had my 2nd DD was declined, my response 'thanks so much for considering, I appreciate your perspective but this is essential for me, so you will have my resignation in the morning'. Suddenly my request was agreed, because they preferred that to loosing me.

OP, if you are very valued, sell your request well, and they will be likely to grant it. If they don't, it's because they don't value you enough to not risk loosing you, or you didn't sell it well enough, or it's impossible for them to accommodate.

Difficile · 14/03/2025 14:04

longapple · 14/03/2025 14:02

did they say why it wouldn't work?
fill in the form as fully as you can, addressing those issues and explaining how you think it can work and requesting a trial.

sounds to me like a choice between being "right" and having a better chance of getting what you want?

Staffing essentially, there aren't enough staff to cover the work as it is and my flexible working wouldn't work with the other current staff flexible working requests.

Yes I suppose you're right there.

OP posts:
AllThePotatoesAreSinging · 14/03/2025 14:03

Horserider5678 · 14/03/2025 13:34

Flexible working doesn’t have to approved if it doesn’t meet the needs of the service! I deal with flexible working requests regularly and I can assure you, that you are more likely to get it, if you consider how it will impact on where you work and your colleagues! Personally I think you have a poor attitude if you don’t consider others and this maybe why you’ve already been told you won’t get it!

If you deal with this regularly then you really should get up to speed on the new legislation before you land your employer in hot water.

The law is the only thing that needs to be considered.

longapple · 14/03/2025 14:02

Difficile · 14/03/2025 13:49

Thank you for this. I'm not interested in constructive dismissal, despite some of the more disparaging remarks against my character.

I essentially informally asked my manager, who said she'd discuss it with our overall manager. My manager came back to me and said my flexible working request wouldn't work for the company but I could always come back as a consultant if I wanted to and work on an ad hoc basis. I pointed out that much of my flexible working requests would still apply even as a consultant and she said she "realised that now" after talking to me, and that it was regrettable that they didn't think it would work. Manager then suggested I fill in the form anyway and see what happens.

It does have a flexible working policy, last updated a few years ago and due for renewal next year, it just references filling out the form, rather than specifics.

did they say why it wouldn't work?
fill in the form as fully as you can, addressing those issues and explaining how you think it can work and requesting a trial.

sounds to me like a choice between being "right" and having a better chance of getting what you want?

Bushmillsbabe · 14/03/2025 14:00

You correctly state that you are not obliged to answer that question, but if there is the slightest chance it could help your application why wouldn't you do it, it would take you 5 minutes.

Rather than why answer it, think about it as why not answer it, beyond 'not obliged to'.

DingDingRound3 · 14/03/2025 13:58

wishiwasjoking · 14/03/2025 12:46

No one who describes themselves as "bloody good" at their job is even remotely good at it.

I hire people all the time and the best ones never think they're as good as they are, and the worst ones always think they're amazing or deserve a promotion.

I'm bloody good at my job and since we are performance measured, results monitored, I know that's not just my opinion.

What a ridiculous comment.

OP I think you must consider human nature, rather than the law. Pitch it, ask nicely, give it a spin in the right direction and hope it lands.
Yes people can be an arse simply to make a point (note comment above), but you won't know until you try.

Good luck. We wonder why most men are in charge and the brain drain from industry continues. Ridiculous attitude from your firm.

Busyquaver1 · 14/03/2025 13:57

Recently just filled in this form I left it blank. I also got turned down not for leaving it blank but because apparently there are too many staff already flexible and if things change I can request again. I won't be there waiting for things to change there is a good resson i needed different hours. I have 2 interviews lined up next week for the hours I need. 🙂

LazyArsedMagician · 14/03/2025 13:55

I think as you're planning on leaving anyway, I would be tempted to answer that while under current laws I am not obliged to answer, but if an agreement cannot be made I will have to hand in my notice which may cause a longer term disruption to the team with the subsequent hiring and training of new staff.

(sidenote: seems odd to ask that anyway? Surely it's up to your manager to say that, I dunno, the team is at capacity with current working schedules so you working 10 hours fewer than your colleagues would mean an additional 2 hours of work per person. Or whatever)

Difficile · 14/03/2025 13:49

Futurehappiness · 14/03/2025 13:41

Without knowing all the background to this: this all sounds seriously inappropriate of your employer, for them to be seemingly pushing you into a consultancy role whereby you lose all your accrued employee rights? They could well be laying themselves open to a constructive dismissal claim.

You say that you have already been told that your flexible working request will be refused; have you actually been told that by your manager? If so it sounds like they are not handling your request in a reasonable manner which they are legally required to do, by properly considering whether your request can be granted, considering alternatives etc

With regard to your question: the Flexible Working legislation changed fairly recently (April 2024) whereby employees no longer need to state how the request will impact colleagues - it sounds as though your employer hasn't updated their application form. Do they have a Flexible Working Policy and what does that state? Otherwise I think it is OK to just leave those sections of the form blank and explain (perhaps on a separate email) why you are doing that but are happy to discuss further at a separate meeting.

Thank you for this. I'm not interested in constructive dismissal, despite some of the more disparaging remarks against my character.

I essentially informally asked my manager, who said she'd discuss it with our overall manager. My manager came back to me and said my flexible working request wouldn't work for the company but I could always come back as a consultant if I wanted to and work on an ad hoc basis. I pointed out that much of my flexible working requests would still apply even as a consultant and she said she "realised that now" after talking to me, and that it was regrettable that they didn't think it would work. Manager then suggested I fill in the form anyway and see what happens.

It does have a flexible working policy, last updated a few years ago and due for renewal next year, it just references filling out the form, rather than specifics.

OP posts:
Onlyonekenobe · 14/03/2025 13:47

Normally, when someone asks for something they want but aren't entitled to and think they won't get, they'd go all out trying to be persuasive and offering extras and selling the reasons why the person would benefit from giving them what they're asking for. Flatter them, bend over backwards, make it a win-win situation.

What a person doesn't do is argue with them about the technicalities of one of the questions impacting whether they should get what they're asking for Confused I mean, either you want something or you don't. Why mess about, waste your and other people's time?

If it's that you don't know how to answer the question - as in, you're not in possession of all the necessary facts, you don't have the bigger picture etc - then normally you would make yourself aware of all of this before you start your campaign of persuasion.

If you're 99.9% sure you won't get what you're asking for and you're just giving it a go for that 0.1% chance: just write whatever. It won't matter.

TheCompactPussycat · 14/03/2025 13:46

Difficile · 14/03/2025 12:00

But legally I don't have to work out how the flexibility would work. That is for my work to do. I have written in the section about what I want and how it would work, it's for work to decide how it would impact my colleagues and if there's ways to mitigate it not me.

You don't have to fill in the question but by not doing so, you leave the door open for your managers to refuse based on their interpretations of the effects it would have. They have no obligation to spend time working out how to accommodate your request.

By giving a thoughtful response to the question, you may be able to counter some or all of their objections with points they have not considered. They will find it harder to deny your request if you have shown how it can be accommodated in a way that will benefit of the company

Whilst it may not be a legal obligation, there is no point going through the process if you can't be arsed to engage properly with it. Just save everyone some time and effort and resign.

Bushmillsbabe · 14/03/2025 13:45

Difficile · 14/03/2025 11:36

I'm not obligated to think about that, it's up to my employer surely, hence the removal of the requirement in the laws relating to flexible work.

You are not obligated to think about it. They are not obligated to grant your flexible working request.
But sometimes in life we do things because they are helpful.
I get quite a bit of flexibility at work, more than most people. But that's because I am flexible, I step up to do extra, if I can do something I will, there is never 'I won't' only 'I cant"

My first flexible working request 5 years ago was declined, I didn't put much info in it. Then I re wrote it, giving information on how I thought what I was requesting would also be helpful for the team, how any potential negatives could be mitigated. And it was accepted. That is the key to a flexible working request, it has to work for both you and your employer. You are the one wanting it, so you need to sell it to them.

Difficile · 14/03/2025 13:43

LoveWine123 · 14/03/2025 13:36

So first you say that you will ask and now you say there won’t be any time. You can see why people are struggling with you 😅

There's time to complete the form, however the time to respond is 2 months, and I also need to provide a large amount of notice due to my role so I would have to fill in the form and hand it in within the next couple of weeks.

OP posts:
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