DH's flexible working applcation declined

[ClassicTron]

I've got a new job which is mostly manageable re childcare but one day a week I need to attend a very early meeting.

We had hoped DH would be able to work from home that day. He has a office based Head Office management job, his team and clients are all over the world and he rarely sees them face to face, everything is done on-line or by telephone.

He knew when he applied that the company don't like working from home - viewed with suspicion as "shirking from home" but couldn't see any business reason for them to decline.

He has been told verbally that it will be declined because 1) the head office needs a presence, even though no-one ever goes there. There is a full reception and other people who do need to be there, it's not like the place will be empty if he's not there 2) it will open the flood gates and everyone will want to do it.

Is this reasonable and if not, who does he appeal to?

Well he shouldn't appeal to anybody yet if he hasn't formally applied and had his application formally turned down. The company may be hoping to discourage him from applying by verbally telling him the request will be declined but until he applies properly he won't know. They may well decline it but have to use one of several defined reasons for doing so.

If you just need cover for an early meeting, is it possible that instead of working from home for the day he could apply for a later start or to vary his hours on that day instead?

Yes, that could work too Unexpected and is something he will look at, but I was hoping for one day per week when I didn't need to rush off to do pick-ups and could use as a catch-up day IYSWIM. He has almost a 2hr commute, so pick-ups are all down to me if he goes in.

So far he's been told he's perfectly welcome to apply but that it will be declined. You're right he's not going to do anything yet but I have to resign from my job tomorrow if I'm going to give sufficient notice for the start date they new employer wants, so I'm anxiously thinking about how all this might work out.

2. isn't a valid reason to decline a flexible working request (she says, having just this morning reviewed this!).

3. may be if they can get it under one of the headings below, but then he'd need to address that in his application and prove why it wouldn't be an issue.

Employers can reject an application for any of the following reasons:

extra costs that will damage the business
the work cant be reorganised among other staff
people cant be recruited to do the work
flexible working will affect quality and performance
the business wont be able to meet customer demand
theres a lack of work to do during the proposed working times
the business is planning changes to the workforce

That's straight from the governement's flexible working website, so should be what the company are adhering to. My guess is that it would be the bit around meeting customer demand that they're going to try and decline it on - he needs to prove why this isn't the case and then be prepared to take it further if need be.

But more knowledgeable people than me will be better placed to advise - that's simply my own findings from having a very similar conversation and starting to prepare myself for defending my application when I submit it.

Hmm, dodgy punctuation - sorry - my fault for copying and pasting. Hopefully makes sense though.

They'll get it in under detrimental impact on quality or detrimental impact on performance. Keep in mind they don't have to prove it, they just have to believe it will have the stated impact. They'll say he needs to be on site in case people need him. Part of his broader duties involve physically being there for when others need him.

The floodgates point is a non point and they'll drop that when it comes to the formal request.

Also keep in mind they don't have to give a decision for 3 months and so you're unlikely to get an answer in time. Plus if he changes his request now they could just say no since he is only allowed to make one formal application a year.

(I'm an employment lawyer)

Can't you get a nanny/childminder for that day?

Yes, maybe aticusclaw, but would have to be prepared to start work at 5:30, so perhaps not that easy to find.

We'll find a way to make it work one way or another, but with this new job I was determined not to be the mum who could never stay late or start early, while all the dads can do whatever's necessary/desirable and it's falling apart already, despite a very willing DH.

Its tricky I know but the reality is he's currently contracted to be there five days a week. In order to show them it won't have a detrimental impact he will need to prepare very thoroughly and put his business case well. He will potentially have to offer them more too e.g. I will work from home on a friday but will stay later on the other days etc

I'm not saying this is the way it should be but its certainly the way it is in many organisations. Having said that I also see a lot of this from the other side particularly with mothers returning after mat leave "I know I'm full time but I'd like to do 10-3 four days a week with one of those days at home so that I can reduce my nursery fees and look after DC whilst I'm supposed to be working." . Unfortunately the many who have gone before him and have taken the piss spoil it somewhat for those who genuinely intend to work properly on their "at home" days.

Why would a nanny have to start at 5.30am if your H has a 2 hr commute? What is his start time?