Flexible working request question

[Gangle]

If your employer refuses your request by giving reasonable objective reasons, are they obliged to consider you for or create another role that you could do or would this by by negotiation? Also, if they refuse your request then presumably you still have all the same rights in relation to your existing role?

Good grief no!

If they refuse your flexible working request for reasonable, objective reasons, then that is that, you either have to continue on your current terms, or leave.

And yes, you still have all the same rights in your existing role.

I feel like I should qualify my rather to the point reaction to the question.

Unfortunately, employers (in whatever sector) are not able to - nor do they have any remit to - make life as easy as possible for employees, whos circumstances change.

While where it is possible, they have a statutory duty to consider flexible working for parents, our first duty, and concern, is generally to make our businesses work for everyone involved (ie: all employees, financially etc).

It astounds me how often people expect a flexible working request to be granted. It's usually because the person making the request has no idea about any of the other elements that are involved in running a business (in my experience).

Hairytriangle, your rant is totally unnecessary. I don't expect my request to be granted at all or for my employer to make my life as easy as possible. What an odd response to a fairly factual question! Your 3rd paragraph also isn't correct - I have a statutory right to make a flexible working request and they are obliged to follow the process laid out in the legislation, whether or not it is granted.

I had a flexible working request denied but was offered a different role that could accommodate the hours I wished to work. It depends on your relationship with your employer, tbh.

yes, absolutely, in relation to your second question. You cannot be penalised at all for having made the request.

In relation to your first question, under the statutory right to request then no, they don't have to look at other roles. However, if such a role were to come up you would be able to request that they consider you for it. It is always worth remembering that the statutory request isn't the be all and end all - it's the only formal process they have to go through but a good employer would consider reasonable requests outside the statutory framework (I do stress reasonable) and in circumstances you might (repeat might) have a sex discrimination claim if they unreasonably failed to consider you for a flexible position you are qualified for and where there is a vacancy. Also, it would be worth appealing on the basis that you would be willing to consider other positions and see what they say.

mine was refused. if a company wants to refuse it, they will find a way. they have to offer you nothing!! make other arrangements re childcare or find another job. tis that simple i'm afraid.

"Hairytriangle, your rant is totally unnecessary. I don't expect my request to be granted at all or for my employer to make my life as easy as possible. What an odd response to a fairly factual question! Your 3rd paragraph also isn't correct - I have a statutory right to make a flexible working request and they are obliged to follow the process laid out in the legislation, whether or not it is granted"

Not a rant at all. Your question was totally unreasonable, ie: are they obliged to create another post if they have good reason to reject a fw request? I don't know what world (or sector) you are working and living in but that is just a crazy question.

Not sure what you mean about my third paragaph because I haven't said anything other than they have a statutory duty to consider

scrap the 'where it is possible' from my post - I'd edited and left that in, so I can see that was confusing.

Oh get lost hairytriangle. It's a simple question - others haven't found it that outrageous.

Gangle, whilst I don't want to take sides, I think it was the reference to your employer 'creating' a job for you that probably provoked Hairy's response. To be in the realms of creating a job, they must obviously have refused the request and not have any other vacancies. I understand that you didn't mean it that way, but there are a lot of posts on here that focus on employee' rights and rarely appreciate the issues for employers, so I think you unfortunately set alarm bells ringing with your choice of language.

If you think your request might be refused, it is worth including details of other vacancies you would take. Most employers will consider that if there is a vacancy - saves them recruiting and/or losing someone.

Gangle get lost yourself! You are truly unbelievably rude!

I was trying to be helpful and illustrate 1. the answer to your question and 2. the reasoning behind why things are how they are, especially since no-one else, had at that point answered.

I totally agree that some employers will, where possible, consider such requests outside of the statutory right/responsibility and of course, where it's possible they should.

Perhaps I should rephrase myself from earlier - why would an employee have any additional right to be considered for other available posts - or create a post for someone?

Perhaps I am really misunderstanding things here!

i am sorry, Op but i also agree with hairy. your reference in the op to creting another role is unrealistic and n9onsense. that is all.
telling hairy to get lost is not fair.

I have just come back to this and see there is a cross post between me and the OP.

I was trying to diffuse the situation with an explanation, but telling someone who has tried to help by answering your question to 'get lost' is just rude. OP, whilst Hairy may have been blunt, she answered your question and helped you. I think that deserves some recognition.

Unless you have something constructive to add to a post then please don't comment. Commenting that it's an outrageous question is ridiculous, especially when you know none of the background. I haven't even made a request yet.

Piccadilli seemed to have no trouble understanding and made some interesting points.

Gangle, you don't have the right who decides to comment. That's the nature of a talk board. I did try and add something constructive and, TBH, I think my last comment was pretty constructive too. If you are this combative in real life, it doesn't bode that well for the success of your request. I only hope that we're catching you on a bad day and this isn't representative.

You asked a question, I answered it. You can't specify how and who helps and when on a public board. You've been downright rude to me, and now you are telling me 'unless you have something constructive to add to a post, then please don't comment' afte telling me to get lost!

I was trying to help, but if you can't take that with grace, then that's your lookout.

Gangle, you are not helping yourself. i thought i was very friendly and helpful.
you are not being fair to hairy or ribena, who has been nothing but helpful to you.

Having read my first post, I agree that it isn't that clear but I still don't think it deserves a tirade from Hairytriangle, especially one based on entirely inaccurate presumptions. I am not expecting my employer to make life easy for me or assuming that my FW request will be accepted. On the contrary, I am thinking about what to do if it isn't. I may request to reduce from 5 days to 4 but think they may, quite justifiably, say I can't because I head up a small team and have people reporting into me. However, since I have been on maternity leave, one of my senior assistants has assumed many of my duties and responsibilities. I recruited her a few years ago and she has a very similar CV to me in terms of experience and qualifications and I know she would jump at the chance to assume my role as head of the department. My questions pertained to whether, if they had someone else qualified, willing and able to do my role, whether they had to offer me the other more junior role. I thought not but wondered if anyone had been in a similar situation and what had happened. I believe my employer would try reach some form of agreement with me rather than risk me leaving and that this would likely to be outside the FWR process anyway.