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?

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."

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 😂

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.

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.

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.

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

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.

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

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?

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.

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.

No she doesn’t because legally she doesn’t need to. If you need more information you should ask her line manager. There’s no need for her to fill this in as it shouldn’t influence your decision unless it’s an equality act issue - in which case it’s under reasonable adjustments.

It’s not her job to work out how it would fit with the team. That’s one for her manager.

Putting someone under close supervision because they didn’t provide information that they are no longer legally required to provide … well that’s victimisation and could constitute constructive dismissal later down the line.

So as an employer, I suggest you make an effort to be legally compliant. This thread and others today show that despite huge recent and upcoming changes to employment law, business owners and managers don’t bother keeping up to date with them and this could end up being a very costly mistake. There are webinars everywhere. Take one.

When people say HR are only there to protect the organisation. Yes we are.

This is how we do that.

I think you totally misunderstand where the power lies here

Thats the problem isn’t it? Managers and business owners thinking they can do what they want and ignore the law without any comeback.

I wouldn’t want to work somewhere like that. You know, where employers ignore employee legal rights because ‘power’.

It’s about that break between personal and work life. Your employer doesn’t need to know why you want a flexible working pattern. You don’t even need a reason. Your reason might be deeply personal. The only requirement now is for the employer to look at it, can it be accommodated, does refusing meet the 8 reasons that can be given (and legitimately, not just for example that it’s going to cost a few quid more each week because rejection has to be because of a proper impact, not a minor one).

Well no one is forcing to to work anywhere, so 🤷‍♀️

Well luckily I work somewhere that’s got a good grip on employment legislation 😂 I wouldn’t have this problem

I'm not sure how your workplace is going to help the OP get what she wants

My bet is that OP is a teacher and is potentially asking for late starts/early finishes, which can’t be accommodated because of timetabling.

You are lucky to be in a position to be cavalier about having a job or not.

It's good not to leave on a bad note. You never know when you might need something from the employer in the future.

Just lie and be "understanding". See my first sentence. Maybe that's old fashioned.

it sounds like she’s not going to get what she wants anyway. Legally she still doesn’t have to answer the question, and if she did answer it wouldn’t make a difference because it sounds like her employer will say the work can’t be reorganised within the team. She can appeal though and it’s still on them to say why it can’t be.

They are going to have to reorganise it when she leaves. Just seems bad business to not do that now and keep an experienced staff member.

Either make a really good effort and submit the most persuasive case you can or don’t bother at all. Making a half arsed attempt is pointless.

And ultimately, I'm not even sure the OP knows what she wants as she seems pretty un-invested in making a case for herself.

Oh look. Perfectly normal thread derailed by rude twats 🤔 What is wrong with people 🤷‍♀️🤦‍♀️
good luck OP

Thanks for the response. There is no legal requirement to provide flexible working, only to consider the application. Most Managers would look to be helpful where we can. However effectiveness of operation must be prioritised. I would advise the OP to work with her employer to consider ways to achieve greater flexibility.

Actually by law they do need to grant a flexible working request, unless one of the very specific, limited business grounds for refusing it applies. So no it is not just a matter of the employee 'asking nicely and making it easier for them' or of the employer being 'helpful' to the employee; by default an employer should grant the request unless they can operationally justify their refusal.

Really it is concerning how much ignorance there is on this thread (I am not referring specifically to the quoted post) about how the current legislation regarding flexible working has changed. It is moving away from the need for the employee to make their case, and focusing purely on whether the employer is able to accommodate it operationally and justify if they can't. The current Government has stated a commitment to making flexible working the default for all employers.

And it is ironic - and so disheartening - that of all places such posts should be on a site dedicated to parents esp mothers...when women are disproportionately reliant on FW to balance caring responsibilities with working life.