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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:
Butchyrestingface · 14/03/2025 12:16

saveforthat · 14/03/2025 11:40

You are absolutely correct op. I would ask your employer to update their application form as this question is no longer relevant.

I think asking them separately to update their form would be a far better move than unleashing one's inner dick on the form itself. Especially when asking them to do something for you.

RosesAndHellebores · 14/03/2025 12:15

DazzlingCuckoos · 14/03/2025 11:59

Your employer is not allowed to refuse unless there is a valid business reason for doing so.

The box you're referring to may not be required, but it does give YOU the opportunity to explain why the genuine reasons they can reject for it don't apply.

While it's officially the employer's responsibility to consider the request and apply one of the reasons in the rejection, you're the one that wants flexible working. Why wouldn't you make their decision process easier (or in your case, more difficult) by giving your reasoning why it's not a bad idea?

Reasons for rejection:

  • it will cost your business too much
  • you cannot reorganise the work among other staff
  • you cannot recruit more staff
  • there will be a negative effect on quality of work
  • there will be a negative effect on the business' ability to meet customer demand
  • there will be a negative effect on performance
  • there's not enough work for your employee to do when they've requested work
  • there are planned changes to the business and think the request will not fit within these plans.

If your flexible working request is genuinely do'able, you should provide your employer with a response to all of the above points (except the last one), to make it much more difficult for them to refuse.

You do have the right to appeal if they reject it and you disagree.

I wouldn't go in all guns blazing on it though - they're very much more likely to dig their heels in if you're arsey about it.

This and very well put.

StrawberrySquash · 14/03/2025 12:06

Difficile · 14/03/2025 11:46

I haven't actually put the request in yet.

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

Confrontational is maybe the wrong word. But it seems obstructive to me. So could show a negative attitude. Better to answer showing how you have thought through the effects - highlight advantages, and if there are negatives show how they could be mitigated. Show you think as part of the team.

EmmaMaria · 14/03/2025 12:05

Difficile · 14/03/2025 11:46

I haven't actually put the request in yet.

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

You don't need me to explain it, just as you don't need anyone to translate your user name to know what you are doing.

ComtesseDeSpair · 14/03/2025 12:05

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 legally have to consider the impact on your workload or colleagues, but why wouldn’t you want to use this opportunity to make your request as fulsome as possible and make it clear that you’ve approached your thinking from all angles? If the response is “having carefully considered the impact of your requested working pattern on other colleagues and integration of your workload with theirs, we are of the opinion that there is no mitigation available to minimise the impact of your request” aren’t you going to feel as though had you proposed some mitigations they may had felt less able to refuse?

Difficile · 14/03/2025 12:04

DazzlingCuckoos · 14/03/2025 11:59

Your employer is not allowed to refuse unless there is a valid business reason for doing so.

The box you're referring to may not be required, but it does give YOU the opportunity to explain why the genuine reasons they can reject for it don't apply.

While it's officially the employer's responsibility to consider the request and apply one of the reasons in the rejection, you're the one that wants flexible working. Why wouldn't you make their decision process easier (or in your case, more difficult) by giving your reasoning why it's not a bad idea?

Reasons for rejection:

  • it will cost your business too much
  • you cannot reorganise the work among other staff
  • you cannot recruit more staff
  • there will be a negative effect on quality of work
  • there will be a negative effect on the business' ability to meet customer demand
  • there will be a negative effect on performance
  • there's not enough work for your employee to do when they've requested work
  • there are planned changes to the business and think the request will not fit within these plans.

If your flexible working request is genuinely do'able, you should provide your employer with a response to all of the above points (except the last one), to make it much more difficult for them to refuse.

You do have the right to appeal if they reject it and you disagree.

I wouldn't go in all guns blazing on it though - they're very much more likely to dig their heels in if you're arsey about it.

The argument is that they're struggling to recruit as it is, my argument is that they'll be even shorter if I leave.

But it's not for me to consider those things, they need to, otherwise why did they remove the requirement from the law?

OP posts:
Difficile · 14/03/2025 12:00

longapple · 14/03/2025 11:57

if only there was a form you could fill in, where you could express how much you care and how flexibility goes both ways and it would be better for the business to allow you to work flexibly than for you to quit.

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.

OP posts:
DazzlingCuckoos · 14/03/2025 11:59

Your employer is not allowed to refuse unless there is a valid business reason for doing so.

The box you're referring to may not be required, but it does give YOU the opportunity to explain why the genuine reasons they can reject for it don't apply.

While it's officially the employer's responsibility to consider the request and apply one of the reasons in the rejection, you're the one that wants flexible working. Why wouldn't you make their decision process easier (or in your case, more difficult) by giving your reasoning why it's not a bad idea?

Reasons for rejection:

  • it will cost your business too much
  • you cannot reorganise the work among other staff
  • you cannot recruit more staff
  • there will be a negative effect on quality of work
  • there will be a negative effect on the business' ability to meet customer demand
  • there will be a negative effect on performance
  • there's not enough work for your employee to do when they've requested work
  • there are planned changes to the business and think the request will not fit within these plans.

If your flexible working request is genuinely do'able, you should provide your employer with a response to all of the above points (except the last one), to make it much more difficult for them to refuse.

You do have the right to appeal if they reject it and you disagree.

I wouldn't go in all guns blazing on it though - they're very much more likely to dig their heels in if you're arsey about it.

longapple · 14/03/2025 11:57

Difficile · 14/03/2025 11:48

I've written my notice letter.

But, I do care. I love my team and I'd be leaving them even more short staffed than we are currently. But, work also has to fit what I want otherwise there's no point in me being there.

if only there was a form you could fill in, where you could express how much you care and how flexibility goes both ways and it would be better for the business to allow you to work flexibly than for you to quit.

wishiwasjoking · 14/03/2025 11:56

Difficile · 14/03/2025 11:38

Thing is, I could come up with loads of reasons and it'll still he rejected and seeing as I've been told it'll be refused I'm loathed to put in a huge amount of effort for nothing.

So don't bother filling out the form at all then.

Difficile · 14/03/2025 11:48

EmmaMaria · 14/03/2025 11:40

I don't think the form will persuade them at all and I don't need to stay in work if it's refused.

Ah - so you don't actually care at all. In which case I would suggest that the time would be better spent writing your notice.

I've written my notice letter.

But, I do care. I love my team and I'd be leaving them even more short staffed than we are currently. But, work also has to fit what I want otherwise there's no point in me being there.

OP posts:
Difficile · 14/03/2025 11:46

EmmaMaria · 14/03/2025 11:38

Regardless, your suggested answer to your employer was rude and unnecessarily confrontational, given you are asking them for something that they do not have to give - so the first response actually nailed exactly the reponse that the employer will think, even if they don't say it you.

On the other hand, if you can demonstrate how the request that you are making is considered, benefits the employer and your colleagues, and works for everyone, you are more likley to get a positive reponse. And if you don't want it to go straight in the bin, that would be the better approach.

I haven't actually put the request in yet.

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

OP posts:
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.

No33 · 14/03/2025 11:41

saveforthat · 14/03/2025 11:40

You are absolutely correct op. I would ask your employer to update their application form as this question is no longer relevant.

I agree with this.

longapple · 14/03/2025 11:40

Difficile · 14/03/2025 11:38

Thing is, I could come up with loads of reasons and it'll still he rejected and seeing as I've been told it'll be refused I'm loathed to put in a huge amount of effort for nothing.

they're not going to make an exception if you don't make a case for it.

Either it's worth the effort, in which case complete the form as well as you can, showing them how it can and will work and that you are committed to making it work well, or it's not worth the effort and don't even bother doing the form.

Difficile · 14/03/2025 11:40

watchuswreckthemic · 14/03/2025 11:38

Agree with others, this is something you want and you are asking. Your employer is unlikely to know the complete detail of what you do on a hourly basis so why not make it easier for them to consider your application.

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.

OP posts:
saveforthat · 14/03/2025 11:40

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 absolutely correct op. I would ask your employer to update their application form as this question is no longer relevant.

EmmaMaria · 14/03/2025 11:40

I don't think the form will persuade them at all and I don't need to stay in work if it's refused.

Ah - so you don't actually care at all. In which case I would suggest that the time would be better spent writing your notice.

watchuswreckthemic · 14/03/2025 11:38

Agree with others, this is something you want and you are asking. Your employer is unlikely to know the complete detail of what you do on a hourly basis so why not make it easier for them to consider your application.

Farkinhell · 14/03/2025 11:38

I think you are only allowed to request flexible working once per year (in my large company) so if you know it's going to refused maybe don't bother as something could change in the next 12 months a d a request might be granted then... But not if you've wasted a request.

But I'd answer the Q regardless if I were you

SJM1988 · 14/03/2025 11:38

Its just going to give them a reason to refuse it if you don't answer it or put a comment around you not having to by law.
If you haven't given reasons why it won't effect other colleagues, they will say it will and that it would effect the business so therefore reject your request.
Surely given reasons it won't will support your request

EmmaMaria · 14/03/2025 11:38

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.

Regardless, your suggested answer to your employer was rude and unnecessarily confrontational, given you are asking them for something that they do not have to give - so the first response actually nailed exactly the reponse that the employer will think, even if they don't say it you.

On the other hand, if you can demonstrate how the request that you are making is considered, benefits the employer and your colleagues, and works for everyone, you are more likley to get a positive reponse. And if you don't want it to go straight in the bin, that would be the better approach.

Difficile · 14/03/2025 11:38

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.

Thing is, I could come up with loads of reasons and it'll still he rejected and seeing as I've been told it'll be refused I'm loathed to put in a huge amount of effort for nothing.

OP posts:
Louielooiloveyou · 14/03/2025 11:37

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?

Couldn’t that be your chance to convince them?

Difficile · 14/03/2025 11:36

Hankunamatata · 14/03/2025 11:28

Well would it impact your colleagues? Would it have no impact? Would it help with work load as providing early or late cover?

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.

OP posts:
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