Flexible working request

[1648r9e7]

I put in a flexible working request 4 months ago to work 2 days at home. My job is purely admin, I have no meetings and all work with colleagues is done over email. I worked from home for 3 years during covid with no issues.

4 months ago we were told we had to come back to the office full time. I put in a request asking to work 2 days from home due to caring responsibilities. I won't go into it here but there are good, evidenced reasons for this and me working from home makes absolutely no difference to the business. My colleagues aren't even in the same office so it's pointless me going in at all.

Anyway, 4 months later I have still not had an official response from HR. Their policy says they have to make a decision within 6 weeks and the legislation says they have to make a decision within 3 months. I've been told unofficially that it's fine to continue to work from home but no one will give me anything in writing. I spoke to HR and they sent me an email saying that it's agreed on a temporary basis but subject to review.

My question is can they do this? They haven't reached a decision either way within either of the deadlines. Surely they can't keep it under review and "temporary" on a permanent basis? My reading of the legislation is that they either have to agree or refuse, and there are only a few grounds that they can base their refusal on.

I'm finding it really stressful because without having come to a final decision either way they could change their mind at any time. If they did I would have to resign. Are they breaking the law and is there anything I can do about it?

You may not want my thoughts as I have a feeling they may not want to formalise your agreement. They are happy for you to do this but don’t want a precedent. It’s silly as it does create a precedent.

I would have a quiet chat with HR to find out what the hold up is - don’t email talk to the person.

IANAL I don't think you are looking for a flexible working request. This tends to be in relation to working days/times. What you want/need is "change of workplace" request to make your WFH arrangement permanent.
If your workplace wants staff back in the office FT, it is unlikely to be granted. Does your employee handbook state anything about work location?

Agree it's not a flexible working request.

How will it not impact the business if you are caring during working hours or is the request to facilitate caring ooh, but negating commute etc?

@JobMatch3000 it is a flexible working request as the statutory right includes place of work/location.

Yes it is a flexible working request. The policy even lists all the reasons that a request to work from home will be granted (eg no in-person meetings, needing quiet work environment) and I fulfil them all.

I don't want to go into the caring arrangements except that it doesn't affect my work but I need to be at home.

My question is about the timing and them wanting to avoid making a decision as is required by law. I have asked HR but get no response. I had to email as they don't answer the phone (ironically I think they work from home most of the time!). Surely it's illegal for them to refuse to make a decision? The legislation says they have to say yes or no within 3 months. If they say no I can appeal the decision. But they've just avoided making a decision - can they do this?

@1648r9e7 they should respond within the time line.

Check with ACAS, but I think you would need to lodge a grievance for not following statutory timelines to take this further.

If they’ve informally said this is ok then you might be better to just accept that for now. Pushing the organisation for a formal decision, potentially via a grievance, could backfire if they turn down your request.

But then they could change their mind at any time. Its really stressful not having am actual decision. If they said no I would have to resign so this is really hanging over me and causing a lot of stress. They should be following their own policy and the law.

@1648r9e7 i appreciate it is stressful but as I and other posters have said you either push this and very likely end up with a no; or keep the status quo and have the informal arrangement.

Your best option is probably to apply for a job that will agree formally to your working pattern. That way you have certainty and no stress. Better to do this than force a No from your employer.

Agree with everyone else - they're going about it in a really stupid way but they clearly don't want to set a written precedent. I appreciate it's stressful but you need to accept and move on. If your boss is supportive then you'll be fine. If they ever change their minds you can stall - I need time to get different arrangements in place or else I'll have to resign but actually that will be constructive dismissal - for a few months and find another job.

Sometimes when it comes to HR it's a case of let sleeping dogs lie.