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Flexible working request -implied it will be denied due to being unfair on other staff

9 replies

Namechange13101 · 24/05/2021 18:27

Just after a bit of advice about a flexible working request which is a bit of a long one sorry!. For context company has 6 distinct teams doing different areas of work which are all independent of each other. Each team is managed independently by a manager and holiday etc is managed by each of these managers independently of otherS. Currently each team is a 7!day operation and rota is a 6 week rota with every 3rd weekend off and different days of during each week. One team have worked out a different rota for their team Members which means every other weekend with differing weekdays off over 6 weeks. All members of team want to out in a flexible working request to change to this rota and agave all agreed to take a reduction in weekend enhancement ( a contractual benefit) to distinguish that they are working less weekends than before. In an informal discussion with manager over all teams they have said that wouldn’t approve this as it would be unfair on the other sections who can’t work every other weekend due to capacity in their team?
Am I right in thinking that this isn’t a reason that is allowed for refusal of a flexible working request? And any advice on how to approach this?

OP posts:
FawnDrench · 24/05/2021 18:49

Isn't it more a total change of shift pattern rather than "flexible working" as you'll all be doing the same.
Where is the actual flexibility?

daisychain01 · 25/05/2021 04:46

The way you've described the rota system, it's going to be really difficult for your employer to grant flexibility with such a prescriptive work schedule. You're basically asking your employer to tear up what seems to be quite a set work pattern and replace it with something completely different.

The likelihood of them approving it is very slim and they have been reasonable in giving you an informal indication that if they approve it, they are setting a similar precedent for all those other teams working in the agreed pattern.

If you don't want to work weekends, it would be better to find another job in this particular instance.

EdithWeston · 25/05/2021 06:51

Impact on the business - which includes imposing additional tasks in other teams - is a valid reason for refusing a request.

And I agree this sounds like a rota change (with some weekend work designated for and their team who have not been consulted)

If you want flexibility, it needs to cover all the tasks, but in different ways. Your team's tasks include providing weekend cover. And you can't just say 'we want to stop, give it to someone else'

MoiraNotRuby · 25/05/2021 06:58

So team A would work less weekends than teams b c and d, but get paid less?

That sounds fair enough. Unless someone from team B etc has to cover when team A has a lot of sickness?

Babysharkdododont · 25/05/2021 07:03

So team A had devised a new rota, team B fancy the same? Flexible working request ie absolutely not the way to go, you need to negotiate with management as a group. Flexible working agreements are individual not collective.

Aprilx · 25/05/2021 08:02

Am I right in thinking that this isn’t a reason for refusal of a flexible working request?

I would agree that a perceived unfairness towards other people in an unrelated team who would not be impacted work wise, is not one of the eight permitted reasons to refuse a flexible working request.

The trouble is, this is definitely not a flexible working working request. This is something that the team could pursue with management, but not under the guise of flexible working. They need to put forward a business case for it.

FredaFox · 25/05/2021 08:30

This seems like a rota change not flexible working request
If there is sickness or annual leave in a team who covers the shortfall if not a set rota?
Do the team doing the different hours have different responsibilities?

Unless you can prove this system would work should every team do the hours no company is going to risk their productivity going tits up to change a full rota like this

If you don't like the hours change your job

Kerberos · 25/05/2021 08:36

Sounds like a reasonable request, assuming you are able to cover the people and skills needed in each day.

How well is it working for the team who've moved to the new rota?

Namechange13101 · 25/05/2021 10:21

The new rota works perfectly for the two teams that are already on it (albeit working at a different location) and sickness/holiday is managed within each individual team (no crossover) and as such there is a minimum number of people per day per team to allow for sickness/annual leave.

From all your opinions it does seem that this is more of a rota change so will discuss this with manager to look at a way to work it moving forward. Thanks

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