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Flexible Working Application Refused b/c of 'Precedent'?

8 replies

walmer · 24/03/2006 11:46

Just looking for shared experiences please, if you have had an application for flexible working refused because of it setting a precedent for other employees to apply for the same thing? I'm considering an appeal but would be really interested to know if anyone else has already been there..?

OP posts:
Caligula · 24/03/2006 12:15

Setting a precedent is not a legal reason for your employer to refuse you.

Might be worth seeing a solicitor or phoning the EOC - there are specific business reasons employers can refuse on, and setting a precedent sure ain't one of them.

Has your employer put this reason in writing? Because if so, they can't then come up with a different reason on appeal. Get everything in writing.

shimmy21 · 24/03/2006 12:16

don't we all have some rights for flexible working to be considered unless you can be shown to be making unreasonable demands?

I wouldn't have thought that a precedent is unreasonable. worth checking with CAB?

WideWebWitch · 24/03/2006 12:19

What bollocks! Agree, setting a precedent isn't a reason. However, be aware that the legislatiopn has no teeth really, it's a gummy old vague bit of old toss, an employer can turn down a request for 'business reasons' so they can pretty much hash up any old thing. Hang on, will find you a link.

WideWebWitch · 24/03/2006 12:21

\link{http://www.dti.gov.uk/er/individual/flexible-pl516.htm\DTI stuff} so it only gave 'the right to request' i.e. the right to open your mouth and ask the same as we've all had for years! Good luck though.

Bellie · 24/03/2006 12:21

my understanding is that setting a precedent is not an acceptable reason to turn down an application for flexible working - they need to show that it would be detrimental to the business/customers not because they don't want others to do this.
I would have thought that CAB/EOC could advise you in more depth but I think it is worth appealling.
Good luck

Kelly1978 · 24/03/2006 12:23

I personally would argue that it wouldn't set a precedent anyway, as each case has to be considered on it's own merits, the legislation states that.

Kelly1978 · 24/03/2006 12:23

and it is def not an acceptable reason to turn downt he applciation - they are legally bound to consider it.

walmer · 24/03/2006 12:37

Thanks all. I'm waiting for the written response but the verbal one was 'precedent' - which I know they can't legally give without expanding on the business case. I'd be amazed if they put that reason in writing (though if they do it gives me more clout to appeal).

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