flexible working - business grounds for refusal

[nappybrain]

Hi if anyone knows the answer to this I would be extremely grateful as I have read conflicting things.
Can an employer in refusing a flexible working request, cite more than one of the business grounds, or can they only use of them against you?
thank you to anyone who can help

they can use as many as are relevant. the right is only to request flexible working, not to have it granted.

They can state all business reasons, and should make a thorough response.What do you mean "use against you"?

Sorry it is my bad typing !! meant or can they only use one of them against you

Hi,

I don't see why they would need to limit the reasons for refusal provided they are legitamite.

Im having problems with requesting flexible working too :( at 1st I asked to work some hours from home, my employer said I could but on a lesser wage I spoke with ACAS who pointed out it was illegal to do that then my employer simply refused my request. I then asked if I could just start work 45 minutes later and finish 45 minutes later so I could take eldest to school and was told I couldnt as the early morning is too busy - however they were agreeable to a later start when I was enquiring about switching some hours to work from home. As a compromise they suggested a job share which will slash my hours dramatically and upon declining their offer was told I will have to resign!!!! I've now been informed that dependant on circumstances that can be classed as constructive dismissal and I am totally terrified about returning from maternity leave at the end of the month :(

Maybe if you are worried you could contact ACAS? They are really helpful.

Thanks for everyone's thoughts. Sorry to hear about your woes FutureMrsB...that is awful .. and thanks for suggestion about ACAS. I hope things work out for you one way or another, perhaps they will come to their senses if you are able to tell them they can't do that and will end up in trouble if they persist?

I work in the NHS, "The needs of the service come first" we are constantly being told, I imagine its not much different in the private sector. You have a right to request flexible working, but if they can produce a legitimate refusal I don't know there's much you can do??

it's the 'against you' bit I'm wondering about, what do you mean by that? Are you going in to this with the idea that they are 'against' you?

Future it sounds like they have tried to accommodate some flexible arrangement for you - but due to business needs it's proving impossible.

What Cpart says is right - and I'm surprised to see that some peopl seem to think that's unreasonable.

It's really important to go into these things knowing it is not your right to just change your hours to what suits you - you need to remember the business still needs to function - and if what you are requesting doesn't fit with that, then you should not just assume they are being unreasonable about it.

posted too soon.

I meant 'proving impossible to grant you exactly what you requested'

My fustrations arent that Im not getting my own way, its just what I asked for 2nd time round was part of their original offer (I could come in later and work hours owed as a result from home but take an illegal paycut) so the "early mornings being too busy" is either nonsense or just wasnt a problem when they thought they could save themselves some £'s. Also mortally offended at being asked to resign - seems slightly dramatic for the sake of 45 minutes. My point for the post was that it is ok if the business reasons for refusal are legitamite, if you doubt so ask for more details about how it will negatively impact the service, and if needs be appeal the refusal. :) hope all goes well xx

Future why would it have been an illegal paycut? Would it have taken you below the minimum wage? You weren't being forced to take a paycut or anything, so although it's unusual (assuming your productivity would be the same and you weren't asking to work from home while being responsible for your children or anything), I can't see anything illegal in them proposing it. Unless they let other people work from home on the same pay or something - was it a potential discrimination issue?

Did they actually ask you to resign? Or did they say that if you are not happy with the compromises they are offering and are not prepared to go back on your original hours, you will need to resign? Again, slightly different.

nappybrain I'm surprised you've read anything saying employers are only allowed to choose one of what may be several business grounds for refusing a flexible working request. They could use all 8 if they all apply, and should explain all that apply and how they apply.