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AIBU?

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Original poster

To think work can’t reject flexible working for childcare if they have agreed it for medical reasons?

51 replies

usernamediff · 27/04/2025 17:11

Hi, from my understanding a flexible working request can be rejected on 8 reasons that are to do with problems to the business if they agreed it. I start work at 6am and it’s impossible to get childcare at that time of day. My mum was helping out but isn’t as well as she used be. I know someone else who felt similar about childcare but was able to work it around her husband’s shifts. However, she has just had a normal day shift agree due to medical reasons. This is a long term issue they have agreed forever, not just a temporary thing. She has said to me multiple times how much easier it is to now juggle family life as baby can just go to nursery if needed. I can’t begin to imagine how much easier it is to start at 9 vs 6 with a small child. She does say how it was agreed due to medical reasons though but surely when it comes to the flexible working it can also be rejected even for medical reasons if it doesn’t work for the business? So surely the outcome would be the same regardless of reason?

OP posts:
Mrsttcno1 · 27/04/2025 17:13

If for medical reasons it’s likely to have gone via GP, OH recommendation etc, which makes it an entirely different beast to simply requesting flexible working due to childcare.

Hatty65 · 27/04/2025 17:13

I understand that businesses have to make 'reasonable adjustments' for medical reasons, so it maybe fell under this.

It's completely different to needing different hours due to childcare issues - those are your issues to resolve. If you have a medical condition that means you need adjustments this is a different reason entirely.

catgirl1976 · 27/04/2025 17:13

It can be rejected for the permitted reasons.

WHY someone wants it isn’t hugely important (though employers will be cautious of anything that might look like sex / disability discrimination etc)

BlueRaincoat1 · 27/04/2025 17:15

Flexible Working requests can only be turned down for one of 8 statutory reasons to do with business needs.

Your friend may have asked for reasonable adjustments to be made to her shift under the Equality Act because of her medical needs. If a person is disabled and is struggling at work for reasons relating to their disability, the employer is obliged to consider any reasonable adjustments (eg home working, or alternative shift times may be examples) that may alleviate that difficulty. It is completely different legislation to flexible working.

Blackdow · 27/04/2025 17:16

Anyone can request flexible working for any reason. The reason doesn’t matter and you don’t have to give one. It also won’t matter if yours is more “worthy” a reason than someone else’s or vice versa. It comes down to business need only.

Her request will have been around reasonable adjustments due to ill health, not a normal flexible working request. It has nothing to do with yours. Only, it could actually mean they cannot give you it as they can only manage a certain number of staff on at different times so they need you there in the morning.

Just put in your flexible working request and see what happens.

Lanzarotelady · 27/04/2025 17:17

They can reject it due to business need, purely and simply.

MolkosTeenageAngst · 27/04/2025 17:18

Have you put in a flexible working request and had it declined? If she out in her request first it may be that they were able to agree to one staff member starting at 9am but can’t now agree the same for anybody else as it would have a negative impact on the business if too many staff all change working patterns.

Lanzarotelady · 27/04/2025 17:18

Your child care issues are not your employers issues, you are paid to do a job, purely and simply

MrsBennetsPoorNerves · 27/04/2025 17:19

You're right that the reason for a flexible working request shouldn't matter, but it sounds like your friend has requested a reasonable adjustment on the grounds of her long term health condition, which is a different thing entirely.

ItTook9Years · 27/04/2025 17:22

These are 2 separate process with different legal requirements.

They legally have to consider your request, which is really only to assist you and your home/life challenges.

they have a legal requirement to implement reasonable adjustments for someone who has a condition which meets the definition of a disability in the Equality Act. Reasonable can vary. But medical conditions will always trump childcare issues if both can’t be accommodated.

Backbag · 27/04/2025 17:23

If it's for medical reasons it's probably reasonable adjustments under the Equalities Act rather than flexible working.

Ddakji · 27/04/2025 17:24

Either there is a business reason to reject the request or there isn’t. Have you actually put a request in?

Whatsthestoryo · 27/04/2025 17:27

They might not be able to give it because they lack staff with the availability to do the 6am start. They can't just give everyone the shift with the later start because one person was approved. In the same way they couldn't turn hers down because someone else might hypothetically want the same in the future. When she asked there was ample other staff to do the earlier start.

MsCactus · 27/04/2025 17:43

Flexible working for health reasons is a different beast - employers have to make accomodations for medical reasons as far as I know, otherwise it could be disability discrimination, they only have to consider normal flexible working requests.

However, health reasons for an adjustment need to be signed off by GP, medical staff and usually occupational health, so it's not a quick process or one that's easy to bluff.

Original poster
usernamediff · 27/04/2025 17:43

My request was put in first and was rejected. Hers was after and agreed but she explained was a suggestion for a medical reason. However as I was saying I thought they can only reject on business grounds and that would be the same for her as my rejection as it was for the business not being able to accommodate it

OP posts:
mrsm43s · 27/04/2025 17:44

As per PPs, reasonable adjustments for medical conditions are different from flexible working requests, and aren't subject to the same rules. For example I fully WfH due to a medical condition on the advice of OH, this is categorically not allowed under a flexible working request for genuine business reasons for people generally (and childcare is not the responsibility of the business, and so is irrelevant).

Original poster
usernamediff · 27/04/2025 17:45

Ah ok I didn’t realise they had different rules for that, I just can’t see how mine can be rejected as the business physically can’t do it for me as it would be detrimental to the business but they can for her even though they don’t have to if it’s also detrimental to the business, so it just seems a bit unfair

OP posts:
mrsm43s · 27/04/2025 17:47

usernamediff · 27/04/2025 17:43

My request was put in first and was rejected. Hers was after and agreed but she explained was a suggestion for a medical reason. However as I was saying I thought they can only reject on business grounds and that would be the same for her as my rejection as it was for the business not being able to accommodate it

But there's protection for people in law for those with medical conditions in certain circumstances, which means that reasonable adjustments might legally need to be allowed where flexible working would rightly be denied for genuine business reasons.

mrsm43s · 27/04/2025 17:51

usernamediff · 27/04/2025 17:45

Ah ok I didn’t realise they had different rules for that, I just can’t see how mine can be rejected as the business physically can’t do it for me as it would be detrimental to the business but they can for her even though they don’t have to if it’s also detrimental to the business, so it just seems a bit unfair

They don't have to legally for a flexible working request. They may have to legally under equalities legislation as part of reasonable adjustments for people with conditions that are covered by disability legislation.

Just count yourself lucky you don't have a medical condition severe enough for disability protection to kick in. It's not fun.

Picklepower · 27/04/2025 17:57

Every request needs to be considered on its own as well, not well she had it so I can too. There are clearly very different circumstances in your colleagues application.

TomatoSandwiches · 27/04/2025 17:57

Being denied flexible hours because of childcare is not discrimination, being denied an adjustment for medical reasons could be disability discrimination.

It's fair and not really comparable.

Simonjt · 27/04/2025 18:18

Flexible working for childcare and a medical need are in no way related and rightly do not follow the same path, so I’m not sure why you keep insisting they are the same.

Why do you think its unfair that you yourself don’t have a serious medical condition?

Whatsthestoryo · 27/04/2025 18:29

A business is expected to take a bit of hardship to allow those with disabilities to participate in the workforce/society. There's not the same obligation for childcare as it's an active choice to have kids.

Ddakji · 27/04/2025 18:32

Whatsthestoryo · 27/04/2025 18:29

A business is expected to take a bit of hardship to allow those with disabilities to participate in the workforce/society. There's not the same obligation for childcare as it's an active choice to have kids.

No, but if we don’t want to go the way of Korea and Japan we need to make work work for women, and stop expecting women to behave like men who abdicate their caring responsibilities to the nearest unpaid or badly paid woman.

Otherwise those businesses won’t have a workforce, either in the present or in the future.

ItTook9Years · 27/04/2025 18:33

I’m in HR.

Not all adjustments requested are reasonable. Eg, I had someone who was a computer programmer who was rapidly losing their sight. Occ health suggested that we should hire someone with the same skills and experience to sit alongside the person to read the code from the screen and then type their responses into the programme. There was about £200k worth of specialist equipment and software recommended, and the employee was on about £80k a year. It wasn’t financially or practically viable.

Someone else had a recommendation of a later start time because the medication they took made them drowsy and it would be safer for their commute. That was viable as there were enough other staff to cover the earlier hours.