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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:
Clarabell77 · 14/03/2025 13:42

Horserider5678 · 14/03/2025 13:37

Consider and giving flexible working are two very different things! If the employer can show it will impact on the service and clothes they can in law decline it! Also they can review and withdraw it at any time if service needs change!

I’m aware of the laws around it! Thank you!

BashfulClam · 14/03/2025 13:42

The box on my form did say it was not mandatory but it would help them make a decision. I was asking to reduce my office days and wfh more. I just said there would be no impact as I would work as effectively as I do already and I would be fully available online and by work phone line. I also said as wfh involved mostly core hours phone cover headcount would be increased over core hours. Most people to to do earlier flex shift when attending the office.

Futurehappiness · 14/03/2025 13:41

Difficile · 14/03/2025 12:58

They asked me to continue in a consultancy role, but I'd still have to work to the same work conditions. I could go back to the same company, area, team as a consultant but there's no scope to do so with the full flexible working terms I've asked for so it would be limited in comparison to the amount of work I do now.

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.

Difficile · 14/03/2025 13:38

longapple · 14/03/2025 13:37

@Difficile what's the flexibility you're asking for?

I'm not sharing because it's very specific to my area.

OP posts:
longapple · 14/03/2025 13:37

@Difficile what's the flexibility you're asking for?

Horserider5678 · 14/03/2025 13:37

Clarabell77 · 14/03/2025 13:19

They are obligated to consider the request and can only refuse it based on specific criteria.

That sounds like an old form they haven’t updated to reflect new legislation and guidance.

Consider and giving flexible working are two very different things! If the employer can show it will impact on the service and clothes they can in law decline it! Also they can review and withdraw it at any time if service needs change!

LoveWine123 · 14/03/2025 13:36

Difficile · 14/03/2025 13:27

I just think that unfortunately I'll have to hand in the form before any changes were completed as it's a very large, and therefore very slow, company, and this form would need submitting soon.

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 😅

Difficile · 14/03/2025 13:36

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!

Nowhere have I said that I haven't considered my colleagues. However, I am not legally obligated to answer the question, it is up to my employer to do so.

OP posts:
Iwannakeepondancing · 14/03/2025 13:36

Difficile · 14/03/2025 12:39

😂😂 Love the character judgments on these threads. I've literally worked in the same place since 2008 and have glowing feedback from supervisors, colleagues and other people I work with, not that I need to justify my behaviour or work ethic to anyone here. I just find it funny. I know I'm bloody good at my job, I just don't want to fill out part of a form when legally the onus is now on the company to look at mitigating factors and not me.

You just sound difficult!
No you don’t have to legally but why not help yourself?! If you like your team and are good at the job and want to stay.. make some kind of effort!

Horserider5678 · 14/03/2025 13:34

Difficile · 14/03/2025 11:32

Well, you're just as obligated as before... Just by law I don't have to answer the question anymore. Kind of rude of you, glad I don't work for you.

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!

Difficile · 14/03/2025 13:27

LoveWine123 · 14/03/2025 13:24

If you thought it was an excellent suggestion you would not have continued to discuss how to answer the question. You sounds like you have a bone to pick with your employer.

I just think that unfortunately I'll have to hand in the form before any changes were completed as it's a very large, and therefore very slow, company, and this form would need submitting soon.

OP posts:
LoveWine123 · 14/03/2025 13:24

Difficile · 14/03/2025 13:20

I haven't ignored it at all, I think that's an excellent decision and I will certainly ask them to do so.

If you thought it was an excellent suggestion you would not have continued to discuss how to answer the question. You sounds like you have a bone to pick with your employer.

Difficile · 14/03/2025 13:21

7inchesFromTheMiddaySun · 14/03/2025 13:20

You sound like a great team player - not. And now you don't need the money, you sound entitled too. Charming.

I'm entitled for stating a fact? 😂

OP posts:
Difficile · 14/03/2025 13:20

LoveWine123 · 14/03/2025 13:17

You keep banging on and on about the question on the form and yet you have repeatedly ignored suggestions to get the question removed before filling out the form. It’s like you want to turn a non-required question into a problem. Are you hoping to use this as grounds for complaining later on?

Edited

I haven't ignored it at all, I think that's an excellent decision and I will certainly ask them to do so.

OP posts:
7inchesFromTheMiddaySun · 14/03/2025 13:20

You sound like a great team player - not. And now you don't need the money, you sound entitled too. Charming.

Clarabell77 · 14/03/2025 13:19

araiwa · 14/03/2025 11:24

I am not obligated to give you flexible work then

They are obligated to consider the request and can only refuse it based on specific criteria.

That sounds like an old form they haven’t updated to reflect new legislation and guidance.

LoveWine123 · 14/03/2025 13:17

You keep banging on and on about the question on the form and yet you have repeatedly ignored suggestions to get the question removed before filling out the form. It’s like you want to turn a non-required question into a problem. Are you hoping to use this as grounds for complaining later on?

Sansan18 · 14/03/2025 13:17

Do you belong to a union and if so could you speak with them about this question being removed?
It seems foolish to proceed with an out of date form, how can your employer prove that they don't use this question in their decision making.
Perhaps the answer is to quote whatever the change in legislation etc has been as your answer.

Bluenotgreen · 14/03/2025 13:16

If your reason for submitting a FWR is in any way related to a disability (you or dependents) then you can phrase it as a Reasonable Adjustment under the Equality Act 2010.

This won’t obligate your employer to accept the request, but it’s likely they will get an HR perspective.

Do whatever is needed to get it approved. You are coming across as wanting to cut off your nose to spite your face.

godmum56 · 14/03/2025 13:14

The one thing I would point out is employment karma. Giving bad references is much more difficult now but people do chat and give private opinions on people who they have employed. You will never prove it but think hard before you do something that could come back and bite you.

AllThePotatoesAreSinging · 14/03/2025 13:14

araiwa · 14/03/2025 11:24

I am not obligated to give you flexible work then

Wrong. It’s no longer on the employee to persuade and you don’t need to give a reason. The current position is that It’s on the employer to give a genuine business reason to refuse, or which these are limited and specific. That’s the legal position.

@BooomShakeTheRoom take note.

OP just leave it blank. Rather than a reason you could give something about when team meetings take place and how it won’t interfere etc but you are under no obligation to do so.

If they refuse then appeal and send them the link to ACAS. I work in HR.

TorroFerney · 14/03/2025 13:14

longapple · 14/03/2025 11:41

you could even go really overboard and ask them why they don't think it will work, so you could address those concerns directly in your answer.

But they’ll have to tell her that when they refuse it.

Jane958 · 14/03/2025 13:14

Please do not write "obligated"
Write "obliged" or no "obligation"

BooomShakeTheRoom · 14/03/2025 13:13

Difficile · 14/03/2025 12:52

But surely I cannot be treated any differently whether I fill it in or not. It's not a legal requirement, so it shouldn't make any difference.

You’re showing your naivety. Just because they technically shouldn’t ask that, doesn’t mean it won’t influence their decision.

Im wondering from your posts if you struggle to understand nuance? (genuine question, not trying to be unkind).

Difficile · 14/03/2025 13:11

BooomShakeTheRoom · 14/03/2025 13:07

You sound like a difficult person. I manage a team and out of respect for the rest of the team, I know 100% my colleagues would all think about their team mates.

If anyone wrote “I’m not obliged to answer this”, it would tell me everything I need to know. That I’d do the minimum I had to legally, and I absolutely wouldn’t be looking for ways to make it work for them.

You get what you give in life.

Not being difficult to point out that legally the question shouldn't be on the form, surely?

I'm not difficult at all, in fact 99.99% of the time I go out of my way to help other people, but looking only at this form, I didn't think it would be necessary to complete a section that should no longer be there as the law has changed.

OP posts:
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