Flexible Working Request - can they do this?

[KM38]

Currently on Mat leave. Usually work 5 days per week as assistant manager in retail. One of the other senior staff from the shop stepped up to cover my role while I was on Mat. She is a PT staff member so is doing my role but over 2.5/3 days rather than 5. I have spoken directly to all in the store - manager, my team, the girl covering me and this arrangement works perfectly for everyone. No negative impact at all and it’s saving the company money!

I’ve put in a flexible working request to change to 3 days per week on return from Mat leave on the basis that the current arrangement is working so I believe there would be no negative impact. My work have countered that they need me “at least 4 days per week” and to be available to cover full time hours during all staff holidays.

If they are able to have someone else do my job over 2.5/3 days for almost a year, surely they can manage on this longer term?

They can refuse unfortunately, you can appeal and they can still refuse.
Same happened to me, it sucks.

They need to give you a business reason so you could ask them to expand upon why they need your four days when 3 has been working.

Would the other girl consider a job share? You do 2.5 days each?

I’m wondering if a job share with the other person might be your best option? It sounds as though business need could be the reason they are using and whilst your argument holds water, there is a difference between a temporary arrangement and a permanent one. It could be that the cover level has been just satisfactory rather than what they would want ideally.

@Gardenwalldilema That’s rubbish 😓 I’m sorry it happened to you!!

@FlorenceWintle @Springchickpea Yeah I’ve asked them to give me their reasons because they haven’t specified so I’m waiting to hear back. I’m not sure that the other girl would consider job share - she hasn’t enjoyed some aspects of the role (dealing with staffing issues) and I know she hasn’t been supported properly in the role by the manager but she may consider it knowing that I’ll be there half the time dealing with things. I’ll discuss it with her 😊

They have specified their reasons though, they need cover for holidays and full-time working. The current arrangements - if they haven't replaced the part-timer covering your role in your absence and I bet they haven't - leave them short of a staff member and with no full-time cover for holidays. Your case needs to address that element really.

@ChicChaos In my original request I specified that I would cover full time hours when the manager was on annual leave which is what they are saying they need. It’s the 4 days per week when it’s currently being done in 3 days with no issues that’s the problem

Ultimately they can refuse you
As long as they can show they considered your application and have a business reason to refuse it
It’s relatively easy for an employer to find a reason