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 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.

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!

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!

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.

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 😅

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!

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

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

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.

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.

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

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.

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.

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 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.

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 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)

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. 🙂

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.

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'.

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?

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.

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.

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.

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.