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Advice about refused flexible working application

9 replies

YouBrokeMySmoulder · 15/05/2013 11:30

Hi all,

I was hoping someone could help me out with my upcoming meeting about why my flexible working application has been refused.

Its complicated but basically in Jan I went from 4 days to full time, 3 days in the office and 2 wfh on the understanding verbally that if it didn't work out I could go back to 3 days at home as I have done for years. I also took on 2 direct reports.

Last week I took the decision that it wasn't working out and put a formal request in to go back to 3 days at home (I haven't had a formal request since 2003 and then it was 2 days in the office and 2 days at home).

It was granted by my manager and director informally. Now HR have come back and said that they have decided that anyone with over 1 direct report needs to be in the office 3 days a week - I have no problem with that but wasn't told that in Jan and my managers didn't know either. Furthermore it would have affected my decisions then.

So can they have a blanket policy for flexible working and managing or does it all have to be taken on its merits - another person in my team is already working 2 days in the office and managing 2 people but they say that is irrelevant as that was granted before they changed the (unspoken and uncommunicated policy).

Does this also mean that when one of my reports leaves in November (temp contract) I cant then just go back to 3 days out as that would require another flexible working request and I have used mine up iyswim. Although I wouldn't have put the bloody thing in in the first place if I had known the new rule.

Sigh. Sorry for the long post.

OP posts:
flowery · 15/05/2013 11:47

No they can't operate blanket policies and each request needs to be considered on its merits.

I'm assuming your change in January wasn't a formal flexible working request, but the change you want to make now, is?

I'm confused though - if the Director of your department is happy fot you to manage 2 staff while doing 3 days at home, why is he/she not just notifying HR that that will happen?

YouBrokeMySmoulder · 15/05/2013 11:55

Yes, in January we informally agreed to do a trial and see how it went an I feel it isn't working for me so thought it would be best to be covered by a new formal request in future.

The director ok'd it as I assume they know I can do it and I have worked remotely for a long time and understand the issues etc and then the HR director turned round and said that they couldnt let it stand under the new blanket company wide policy that none knew about.

Do I now have to appeal? they haven't even written to me yet or had a meeting with HR.

OP posts:
lovefreelance · 15/05/2013 12:36

Have you made a formal request yet? If not then you need to do so. There are strict rules under which companies must consider flexible work applications - and a legal process you and they must follow if they turn you down.

In the meantime, it may be worth calling ACAS for free advice: www.acas.org.uk/index.aspx?articleid=1461

YouBrokeMySmoulder · 15/05/2013 12:39

Yes I put in the formal request form 2 weeks ago and my manager and director signed it off but it also needs to be signed off by the HR director and that's when it was refused. I don't understand why they haven't had a proper meeting or sent me a letter about it though.

Thanks for the link. Smile

OP posts:
flowery · 15/05/2013 12:46

They can't refuse it without following the procedure which they haven't done.

I really think you oughtn't to have to be messing around with this though - if there is a Director in support of your request, he/she should be pressurising the HR Director not you.

lovefreelance · 15/05/2013 12:52

Have they followed this process?: www.talentedladiesclub.com/all-help/how-to-ask-for-flexible-working/

It doesn't sound like they have. If not, I would definitely recommend getting advice from ACAS on your next steps.

YouBrokeMySmoulder · 15/05/2013 12:53

hmm yes I see - our department is quite beleaguered though and generally everyone does what HR say iyswim.

So now I need to email HR and ask them for a formal meeting to discuss my request noting how surprised I am that they have come to a conclusion already without having had one.

Am so going to get a name for myself - all I want is to be able to take dd out of after school club for one more day and get her to her appts.

Its anxiety producing as they have never made me choose before between my work and my family in such a strict way - in the past there was a lot more flexibility.

Thanks for all of your help - it makes such a difference.

OP posts:
lovefreelance · 15/05/2013 13:12

I can appreciate not wanting to be seen as a troublemaker - I'd be the same. That's why I'd try and get a bit of professional advice on the best route forward for your situation. And if they're really going to be that difficult with you (blanket policies, not following legal procedures) than you shouldn't feel bad about being firm with them. These rules are put into place to protect us from exactly this kind of situation!

Flexiworker · 01/08/2013 06:55

Hi,

Just seen this. Do you still need help or all sorted now?

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