Flexible working request - why can employers say this is not statutory?

[notaflamingclue]

On 19th June I submitted this flexible working request, by email, to my employers:-

^I am writing to formally request that you consent to a flexible working arrangement for me.

Ideally I would like to reduce my hours and work a 32-hour week over 4 days, ideally 8.30-5.00pm with a half-hour lunch break. As my partner works shifts, I would be most grateful if my weekly day off could be a moveable feast although most likely to happen later in the week. I also believe that this floating day off could be beneficial to you, because it would mean that I would be able to be more flexible.

Having so far successfully worked my full-time hours over the course of 4 days + 5 hours on a Friday, I feel confident that I have already laid much of the groundwork to ensure that this can be a workable pattern for the practice. I feel that I have a firm grip on my workload and that it would be most unlikely that any duties or responsibilities were neglected. Very little crosses my desk which needs to be dealt with immediately, and I am confident that my forward planning and anticipation of future issues will enable me to structure my week appropriately.

If this request were agreeable to you, I would like to start this from August 2014. Also of course I would anticipate this being subject to review after a set number of months, before being made a permanent change to my T&Cs.^

I have just been informed, nearly 7 weeks later, that because I did not use the word statutory, then it is not considered a request under the Flexible Working Regulations. They have informed me that, whilst they are happy for me to take unpaid leave to cover my absences from 1st August, they will not be able to accept or refuse this request until they have clear evidence that the staff monitoring system I have put in place works well. Realistically, we are unlikely to see whether it is working for at least 3 months.

I am more than a little peed off, because over the past few months I have had nothing but encouraging noises from my bosses and now, on the 4th August, they tell me that my request doesn't count.

Is this right?

TIA

I'm no expert, but when I submitted my flexible working request (albiet 5 yeara ago) I used my work's standard letter that did include the word statutory. And don't you have to present the 'standard' reasons in your application? Again, I had a form to fill in with the various categories.

I think the thing which is grating the most is that they have taken 6.5 weeks to tell me that I need to use the word 'statutory' and therefore my request is invalid.

It's not as if I work for a multinational. We're talking fewer than 20 people and all my bosses were aware of the fact that I was hoping to reduce my hours. It wasn't a surprise to them.

Sounds like they are being a bit arsey about it, but yes technically they are right that you should state that you are making the request under your statutory right to do so under section 80F of the Employment Rights Act 1996, for them to be required to consider the request.

Here's the details on how to make a statutory application www.gov.uk/flexible-working/applying-for-flexible-working

And there's a form you can download and use here that your employer must consider: www.gov.uk/government/publications/the-right-to-request-flexible-working-form

It may take up to 3 months for your employer to consider whether or not to grant your request.

I have completed their form now and asked that they confirm that the date of my original request be the on that the 3 months run from. In fairness they are being very good in other ways, because I really need to work 4 days from this week, due to DP getting a job (used to be a SAHD), and so they have agreed to my using unpaid leave to cover the day I need until such time as the request is formally agreed / refused.

Did they farm it out to an outsourced hr? My previous company did this with anything remotely legal that could cause them a headache down the line if they didn't do it by the book. Again, under 20 employees.

Well it's quite a tricky situation. I'm their 'general manager' and would normally be the person to deal with anything HR related (we do have an external consultant, who is excellent). Of course, they couldn't come to me to discuss my own request - but managed to leave it for 6 weeks before contacting the HR consultant. Apparently she gave them a bollocking .
I think it will be ok. And anyway, I've decided that even if it isn't, I will just leave. My DD is more important.

Y

Your employer has acted correctly. The law was updated in June this year and indeed there is statutory wording that needs to be included. This should all be reflected in their policies and procedures relating to flexible working. All of the old 28 day framework has been removed and replaced by one pf reaspnableness, which is considered to be 3 months.

I'm with Waggamama though, they are being arsey. And te excellent HR consultant shpuld have been briefing you about the change in the law.

Good luck.

There was statutory wording that needed to be included before as well, but, as before, the wording being missing doesn't prohibit an employer from confirming with the employee that they do intend it to be a statutory request, and then getting on with the procedure, rather than just completely ignoring it.

If you know perfectly well that an employee is making a statutory request, you don't ignore it because of a technicality IMO, you get on with it anyway.