Flexible Working Request Denied - Childcare/Mental Health Questions.

[April13]

Hi,
I recently submitted a request for flexible working citing childcare reasons. It was denied by CEO (small company), and the alternative recommendations from my manager and the office manager (no HR in company) were also denied. I was looking at changing my working hours on a Wednesday to 08:00- 16:00 and 08:00-16:00 on a Friday but work these hours from home to support changes in my current childcare arrangements; I work Mon-Fri 0900-1700 in the office currently. Official reasons given were that they wanted me in office core hours, the business is undergoing structure change (I am Project manager for this), they couldn't reorganise my work amongst existing staff (I don't know why they would have to) and that I may not be able to meet the customer (my company) demands. There is precedent in the company for working from home and alternate start and finish times i.e., 0800-1600, 0830-1630 etc.
I have been advised by the office manager (who deals with the HR things but isn't HR) to appeal, withdraw the working from home part, include a couple of alternatives and really focus on company benefits of my proposal.
I can do this, although I don't know if it will be considered (CEO will make decision again), however I do suffer from depression (was PND) but baby is 8 months now and am waiting on a hospital appointment for suspected endometriosis. The hormone treatments I have been trying have effected my mood quite significantly and I have been struggling a lot recently. I am on the maximum dosage of antidepressants at the moment. I told my boss this a few weeks ago and told the HR person (who isn't HR) on Friday. I was advised that this would not be considered as part of the flexible working process. I had said that I didn't need any support but I had hoped that having the ability to work from home one day would help me (not in a busy office environment, on my own as kids in childcare, ability on focus on work).
My question is; do I continue with the appeal and withdraw the working from home, but mention this is my preferred? keep it in and appeal, remove it completely or get support from my Dr?
I do nee the change of hours to support childcare. If I withdraw the working from home I will need to either reduce my working week (finish at 1530 on a Friday) or distribute the 1.5 hours throughout the remainder of the week.
I just don't know what to do or where to go from here.
Thanks

I don't think an employer has to take into account your personal circumstances. Will you be looking after the children whilst your working under your proposal? If so, an employer would probably reject it on the grounds that you can't do both at the same time.

Hi,
No, they would be in childcare. working from home would allow me to drop them and collect them whilst still doing a full day work. If I can't work from home I will need to reduce my hours by 1.5 hours per week.
Thanks
A

I’m following with interest as I have also recently had a flexible working request denied. The reasons that they have given are amongst the approved business reasons for not approving a request.

In your position I would appeal, based on arguing the specific points. Eg work will not need to be reorganised amongst other staff because you are not reducing your hours, you will continue to be responsive to customer demands through email, phone, instant message (?) etc. Also give examples of the precedents set regarding working from home and amended hours.

Just bear in mind what you will do if they do not allow you to work from home or reduce your Friday hours - they don’t have to agree either unfortunately.

Good luck

Well they have denied your working from home request

So why not put in a request to reduce hours on those 2 days a week?

They can refuse to consider a second request in any 12 month period so I would position it as negoting the first request rather than a new one.

*negotiating

Hi,
Thanks for the feedback. I put in my appeal letter last night. I have requested a shift in start time for one day, a reduction in hours for another, making the time up on the remaining three days y increasing my hours. I am not convinced it will be accepted.
I also saw my GP who wanted to sign me off, but I don't want to do that. She suggested approaching them about support due to my condition, but I think I will see how the appeal goes and take it from there. I don't want to come across like I'm giving ultimatums or am using my health as an excuse to get hat I want. I am to go back to the Dr next week, so hopefully I will know more by then.

I should have said I used the appeal to withdraw my working from home and suggested alternative patterns x

I'm not sure they would consider those valid reasons
A 9-5 shift is easy enough to accommodate with childcare even with an hours commute

@insancerre Its not easy to accommodate if you would have to look at moving two children to different childcare environment which may actually disrupt nursery etc. also, finding available childcare is challenge. I have had difficulty as my children are both pre-school and there are limits to how many children childminders can have. The local nursery is full. The one childminder I could get would have required me to hours more due to the numbers reason. Believe me, I have tried alternative options.

by local nursery, I mean a private one which you pay for. My eldest is at "school nursery"

In the nicest possible way the OP's childcare issues and whether a private nursery would be able to accommodate a 9-5 shift are not the employer's concern here. The law has recently changed so that all employees are equally entitled to request flexible working, whether for childcare or other reasons, the employer still has to consider them equally and if they refuse, provide business-based justification for this (so they shouldn't be refusing on the grounds that OP can get childcare for core hours, she could be requesting flexible working to look after an elderly parent or to volunteer or do a hobby for all they know).

OP I would do as your HR-not-HR manager has advised, really focus on challenging/refuting the reasons they have given why your proposed working pattern won't work for the business as strongly as you can, giving examples of where similar patterns are working well for colleagues, and any benefits you can think of as well. So for example if they are concerned about you not being there in core hours because clients or colleagues might need to speak to you, explain that you will ensure everyone has your email address/phone number and will ensure that all queries are responded to within 24 hours (or whatever's reasonable), that you will check your phone in the evenings for emergency queries etc. A benefit could be that if you are there early or late you will be able to provide extended office cover.

It can also really help if you can provide written assurance that if there are any exceptionally important meetings or events in your non-working hours you will be able to rearrange your commitments as a one-off to enable you to attend providing you are given 2 weeks notice (or again, whatever is reasonable). I think many small employers worry that by agreeing to part-time hours they will lose all flexibility from the employee (totally irrational, no reason why a part-time employee should be any less flexible than a full-time one but hey ho).

Also, if possible suggest you'd be willing to do a trial period and revert to your old pattern if there are any significant problems?

Good luck, hope the appeal succeeds!

Thanks @maxelly.

My initial request did include all of your recommendations; however I was probably about light on the specific benefits. I have appealed , withdrawing the working from home request, reducing my hours on the Friday and starting early Mon, Tue, Thur to make the dropped hours back up. I have explained in detail why changing would benefit the company and not hinder it.

Fingers crossed.

I am back at the Dr tomorrow. They wanted to sign me off last week (I don't want this) but I am becoming more and more anxious every day.