Appealing a flexible working request

[angelpie23]

Hello

I am looking for a bit of advice please regarding my refusal for flexible working.

I received the letter this week which says:

We think that agreeing to these changes would:

impose an unreasonable burdon of additional costs on the Company

have a detrimental effect on the Company's ability to meet its customers demands

have a detrimental impact on performance

create unacceptable difficulties for the Company as we have been unable to make arrangements to reorganise the work amongst other staff

create unacceptable difficulties for the Company as we would have to recruit additional staff

The reason why this is relevant to your application is the need for consistency of cover

It then goes on and on about consistency of cover, but does not address any of the bullet points. I didn't think that consistency of cover was one of the business reasons they coudl use to reject, but I may be wrong!

Do I have a right to appeal in as much as they have not addressed these points?

Also, I had stated I was happy to have a trial agreed between both parties, but they have totallyh ignored this - is this another reason I can appeal?

Thanks for reading

What kind of work do you do, and what flexible working arrangement did you propose?

An employer can legitimately refuse a flexible working request on specific grounds. The first two reasons which are set out in your employer's letter are pretty much copied straight from the legislation as permitted grounds for refusal.

There is no obligation on the employer to consider a trial period.

You can appeal within 14 days of receiving the letter, if you wish. Your appeal can be on any grounds, but in order to be successful you would need to show why the reasons the employer gave in his letter for refusing your request are not valid. Is there anything you can do to show that customer demands would not be affected?

I imagine that consistency of cover is related to being able to meet the customers' demands (which is a permitted ground) but this would depend on your line of work.

I think you need Flowery to advise on this!

Hi - thanks for replying.

I work in an office for an agricultural company producing animal feed.

My proposal was Monday - Thursday 08.30am-13.30pm. I said I would take no lunch break and that I would be able to cover/work extra when required as long as I had a little bit of notice.

I also requested 8 hours work from home. I said I would be contactable during the hours I was not in the office.

I'm so confused! When I write to say I want to appeal, do I just say I want to appeal and go prepared with counter arguments to their points or do I write them all down in my letter?

Hi
I recently appealed when my 4 day week was declined. (They have since agreed to trial period)
The reasons they have stated look like they have come directly from the direct gov website (which details the 8 reasons they are allowed to decline)
If appealing highlight the fact they haven't give reasoning/rationale behind how each reason applies to them/you.
Highlight any issue reasons not detailed on this list as being invalid.
Go through each point and make a counter argument.
Appeal in writing within 14 days (which you should have been advised about in their decline letter) if not include that you are only appealing now as they did not advise regarding the appeals procedure
Goodluck

I requested reduced hours, and got a letter similar to yours - 10001 reasons why they wouldn't do it, even tho 5 years ago there was a lady doing a practically identical job on reduced hours.....
I decided against appealing, as I figured they would find a way to force it to not work, so I accepted it, and 6 months later found myself a new (full time) job. If they'd reduced my hours, I'd have stayed!

I had exactly the same response to my request, it especially rankled as everyone else was part time and a person doing the same job as me would have liked to up their hours if it was discussed openly in a grown up manner.

After a month of wrangling and appeals it was a huge relief when I got the final no, and I handed in my notice that afternoon.

If you want to stay in the job, you can do a strong arm manoeuvre -

I really wouldn't recommend it but if you're completely inflexible and say you do not have childcare outside these specified hours and give them notice of this and take parental leave or annual leave, this can spectacularly backfire and it can be outright dismissal for not sticking to your contracted hours OR it can force them into an adult conversation.

The bit that gives me pause on this is their assertion that they have been unable to rearrange the hours of other staff. Does this mean that there is eg an office which needs actual staffing for predictable, customer-friendy hours? Or that other staff are not willing to work longer to pick up the hours you would no longer be doing?

If other staff reject longer hours (and cannot be forced into them) and the company cannot afford to recruit/train/retain an additional person, then I think your chances of successful appeal are remote.