Flexible working request

[Sziasztok]

One of my colleagues has been working fully remotely for nearly three years now. It works very well for both him and the team. Our new team leader has now asked him to complete a flexible working request, and has said that she wants him in the office at least 50% of the time, and won’t budge on this. This is impossible as he’s now living about five hours away.

He looked through his paperwork and found his original request to work remotely was agreed on a three month trial period. But this was never confirmed in writing, he just carried on doing it, the previous team leader and the team were happy with how it worked.

Given the amount of time that has passed, does he have to fill in a new flexible working request, or could it be argued, legally, that fully remote is now his established work pattern? There doesn’t seem to be any business reason for him being in the office more often, just that our new boss likes to have her team around her.

If he's worked remotely for three years and everybody has accepted that then there's an argument that there has been a de facto change to his contract. That might be reinforced by reference to the trial period as there's an argument it was successfully completed.

No need for a new form; if she wants him in 50/50 then she tells him that and takes whatever action the company's rules allow to enforce her decision. He in turn can lodge a grievance.

She's making herself a deal of trouble and needs to think about what the gain is for her, the employee or the company.

Is he in a union?

ACAS would be my start point if not.

Thank you - I think he’s in a union, I will check.

https://www.acas.org.uk/statutory-flexible-working-requests

Assuming he didn't make a statutory FW request but an informal request - does his paperwork specify whether this is a temporary or permanent FW request?

@QVC I am fairly sure it was a formal request, but I don’t think it specified whether temporary or permanent. The agreement to this request was for a three month trial period, but it was never reviewed and he just continued.

This could be seen as custom practice or implied terms. I think he could argue this as anything else could be seen as a change to t and c’s.

The ACAS guidance posted by a PP says the employers would need to show a business reason to refuse a flexible working request.

The current arrangement has worked for an extended period. What gain does Ms New Supervisor think will accrue if this employee has to move house or resigns and claims constructive dismissal?

I’ve had a look through the reasons for refusing and I can’t see that it falls under any of those, unless his boss claims restructuring.