Applying for Flexible Working - timelines?

[HopHopALady]

I have recently submitted a request to reduce my hours upon return to work having had DS through our company's Flexible Working system but have not had a response back, positive or negative, except an email from my boss to say they're discussing it internally. I made the application at the beginning of August, so we're approaching six weeks now. The direct.gov website seems to indicate they should give me a response within 28 days. Is this correct? Is it enforceable? Should I point this out to them? WWYD? I'm keen to know where I stand as they refused the request I made after having DD.

Yes, it's correct. Assuming you fall into the eligibility for making a request under the legislation, which is that you should have worked for the employer for 26 weeks prior to making the request.

I'd make a polite call to the manager just voicing your concern that the 28 day time limit has already passed.

hi there, i too have applied for flexible working for when i go back to work. im on my own and need help! you should definately ring or write and ask what they are doing with your appliction. with my employers, the policy states they have 28 days to acknowledge your application (and arrange a meeting) then have 14 days to get back to you with a decision! good luck with yours, i await the response for mine with baited breath!good luck.

Well sadly, my application has been refused. I'll be interested to hear their reasons (I found out today by mistake) as they've recently been recruiting and also recently approved someone else's request to go part-time but they're very good at crossing the ts and dotting the is so I'm not holding out much hope.

oh no im really sorry. god, who is flexible working policy for is not for people like us with a genuine need. you can appeal and it goes to the next level management, get some advice...union rep? i will ppeal if im not successful. good luck.

Yes, I'm going to look into Union representation at the meeting my boss has scheduled to talk through their reasons. Unfortunately, I think the next level management is in agreement...

Good luck with yours, hope you get a better result.

Have a look on the ACAS website and look at their fact sheet on the flexible working regulations. As long as you are eligable to make a request and your last request was not within the last 12 months then once you make a request they have to seriously consider it. They have to arrange to have a meeting with you within 28 days from your request and then give you a decision within 14 days from the meeting. If they are going to decline your request, they have to give a good business reason why they cannot agree to it along the lines that it would be detrimental to thei business. There are specific reasons listed in the regulations and it is worth looking these up so you know what they are. if they do decline you you can appeal but must do this within 14 days from their decision. I would recommend you ring ACAS (number is on their website) who will be able to advise you on where you stand and assist you with your appeal. It is definately worth taking the time to know what the regulations are and where you stand in relation to them as they are designed to assist working parents who need to make changes to their working conditions to assist with the care of their child. Many employers will exploit the fact that their employee does not know their rights or what they are entitled to. Or, they do not know or understand their obligations under the regulations and so just decline regardless so dont just assume that if your employer declines your request he has the right to do this.

Good luck!

Thanks mylittlemonkey, that's really comprehensive and useful. I tried ringing ACAS on your suggestion but unfortunately, they weren't very helpful, just repeated what you have already included in your post. As mentioned previously, my employer is very thorough when it comes to employment issues so I don't expect much success with pursuing this (the reasons they gave in the meeting were about ability to recruit, which is cited on the direct.gov website as a valid reason).

Oh well. Time to consider my life choices!

Just a little heads up on this. Have been seeking some legal advice and did you know that "Many women whose requests to work flexible have been turned down can bring a case of indirect sex discrimination against their employer. It has been successfully argued that, because women tend to have more childcare responsibilities than men, insisting that women work long or inflexible hours is indirect sex discrimination." See here.

I appreciate that not many people would want a fight with their employer if they want to go back to work but this information has given me a bit of confidence in my convictions. I am still having discussions with my employer about my case - their last communication was a bit "it's still a no... come and have a go if you think you're hard enough", so I've written a reply and have requested a meeting with HR where I will probably mention this article verbally during that meeting and see what happens. I may raise a formal grievance.