Flexible working question - not obliged to answer?

[Difficile]

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?

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.

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

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.

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.

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.

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?

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?

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.

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.

This and very well put.

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.

So? you're asking them for a favour, in that they said they would normally reject these requests.

The form is an opportunity for you to explain from your point of view how it will impact the team, I would expand on the impact in both positive and negative ways, it sounds like they can only see the negatives. Working different hours for example might mean there's cover outside the usual times. Needing to hand over work to people for times when you're not there will mean better knowledge transfer. Make it a positive thing and it's less likely they will just reject out of hand.

The more arsey you are the less likely they are to try and help you.

Given that you supposedly know it will be rejected I wouldn’t even bother doing the form.

If you do think there’s a chance and you want the flexibility, it’d be worth your while to spend a bit of time on it to get around any objections they may have.

This doesn't make any sense. If you believe it's a waste of time then putting it in at all is futile. If you think it might make a difference then put in as much effort as you can.

A middle ground of filling it in half-heartedly is stupid in both scenarios.

Yes you might be right but do you actually want them to approve it or not?

Like others said, work with them. You seem very aggressive about it.

Do you deep down know that your request would have a massive impact on others? If so, think of ways you can lessen it. It’s in your advantage to head off issues, not theirs.

You sound quite difficult so do what you want really

You don't have to use the form, as long as it's in writing.just follow the ACAS code of practice.

Ps I think you should complete the form properly, I think employers should consider flexible working, if it can be accommodated then it makes business sense to have happy employees.

So good luck with it.

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

There is no legal right of appeal, it is only best practice

I reckon OP is trying for constructive dismissal.

Don't really see the point in you asking the question OP. You know it's not a legal requirement to put the impact on the form - you have nointention of doing so, so why ask what people think to then argue you're not doing it anyway!

@Difficile by law I don't have to be helpful or smiley in the workplace.

Whilst your stance is technically correct, it has been pointed out again and again on this thread that your approach is unlikely to help you achieve what you want. You have responded mostly in a very abrupt and difficult manner to anyone who has tried to help you. You really have lived up to your user name.

If you are similarly difficile at work, as a manager, I'd be looking to manipulate two to three of the business reasons to decline your request. For a helpful and user friendly employee I'd be looking at adjustments. If you leave, they may be able to recruit a less difficile employee and in this market, for less money.

Just email HR and request an updated form for you to complete

If you don't try to play the game, you won't get your request in. It seems pretty simple.

Build a relationship with your employer and dance the dance, you're more likely to get a positive outcome.

If you, don't be surprised you'll get a no. I manage a team, and an answer like that would immediately get my back up and assume I was dealing with an entitled child, gen Zer or something. I'd assume I was going to have big problems and be more inclined to decline.

You sounds hard work. And if even half the attitude that comes across in your posts is also coming across at work, they will be delighted to turn your request down so that you leave.

@Difficile how could improving your lifestyle not affect your employer?