Request for flexible working hours. What are my legal rights anyone know?

[FrancescaPingy]

Hi guys

So I am trying to find out what my rights are as a part time working mother of 2 young children. I took on the role 2 years ago working 10am - 2pm Monday to Friday purely as it allows me to care for my children, I also childmind before and after school along side caring for my kids. I am a project coordinator wfh 2 days a week 3 days in the office. The company is relocating adding 1 hour to my current 40 minutes commute meaning I can’t go into the office in the new location on office days to be home in time for the kids. Does anyone know my legal rights if I submit a flexible working request to be wfh every day ( term time only) as a result of the office move and the fact the added commute time would mean I can’t care for my kids or childminding in office days? I’d be commuting 1h 45 min to work 4 hours day on office days. Thanks in advance

I wouldn't even mention the kids / childminding.

Instead, I'd focus on the fact that on the office days you currently spend 80 mins commuting to work 240 mins working (so a third on top).

The new change means you will spend 200mins commuting to work 240mins, effectively doubling your working day, increased commuting costs and nett effect is double the time for the same money. Which surely they can agree is untenable, financially and from a staff wellbeing perspective.

Well my official job title is just a part time admin low level role but I work way beyond my job description based on my capabilities. I’m not sure if that will help me? X

I don't think it would be seen as discriminating. In black and white terms, unfortunately your childcare isn't really their responsibility/ problem. It all comes down to what it says in your contract, really.

If your contract says you can wfh 100% of the time then obviously that answers it, it's there on paper and signed. If it doesn't say that, then it's going to have to be a discussion with the employer about the business needs and how you will meet them.

The best angle you will have I think is that they are relocating which increases your commute, so it is a change to your job. Still though, I don't think they have to accommodate you by law and there is certainly nothing you can claim about discrimination here.

Yep - this is your best approach.

However, by law, they don't have to accommodate you unless it says so in your contract.

They might have to offer you a redundancy package if you don't want to do the job anymore as a result of the changes.

Commutes are not discriminatory to working parents. That's what childcare is for, and you know this as a childminder.

If you increased to ft at your workplace would it make up for the loss of the childminder wage? And allow you to wraparound care for yours?

Or, does it make more sense to go ft as a childminder now the workplace is less convenient for you.

Nonsense. That very much depends on what the projects are. I work for a national charity and our project teams are all dispersed. Even when they work from their office there's a good chance everyone else they work with will be elsewhere. And they're brilliant.

Lots of very helpful guidance from ACAS re flexible working requests here -
https://www.acas.org.uk/flexible-working.
The code of practice sets out each of the business reasons for which employers can deny requests, but also says that they need to consider not just adverse consequences of flexible working but also the benefits to the employee and the business. However, I agree with others who have posted that (provided they follow the appropriate procedure and consider the request sincerely) they may well be entitled to reject your request.

Could your children's father maybe request felixible working also so it's not all on you? Lots of men at my place of work do this, work compressed days so they and their partners do a day each a week and childcare for 3 days keeping the costs down and their partners careers don't suffer.

You would be mad to commute 1hr 40 each way for a low level, 4 hr per day admin job.

Yes, they can refuse your request but make it anyway and in the meantime look for other work.

But the OP also childminder after school so they'd either need to drop that or her dh go through the CM registration process

OP is there anyone at your workplace who is 100% wfh? If there's a precedent then it can work in your favour.

I was in a similar situation re being told that I had to move offices (from central London to Sussex). Acas advised that it was a major change to my contract, and as such I could refuse to accept it, and it would be a redundancy situation. Once my employer realised that I had received this advice, they backed down. But they could have responded by saying that the needs of the business had changed and they needed my role in the Sussex office, and I would have been made redundant

Make sure you push the wellbeing part of your application. They chose to move offices, to a place which is going to add significant stress to your day because of the additional travelling. We have just done this in my job and I had a similar request from a member of my team. Her travel time was about 40 minutes extra at certain times but at peak times when she would be travelling the time increased to over two hours. Her role could be done from home and I agreed to her working from home with just one day a month in the office so that she could keep face to face contact with her colleagues. She made a very good case for how the additional travelling would affect her well being and her mental health spending so much time travelling. And how that and how tired the extra travel would make her could affect her productivity. Good luck with it

The business don't care about your commute, it is not part of your working day, so OP definitely do not use this as part of your case.

I don’t think pushing for a redundancy scenario would be beneficial. With just two years’ service, unless they offer an enhanced package the payout would be quite low.

A business who cares about staff wellbeing would consider it as relevant.

Given what you have said about there not being enough desks in the new building, I would focus on that aspect and the reasons why you can effectively work from home and how that will not adversely affect the business. You might suggest going in on a regular basis, every 6 weeks maybe? This could line up with school holidays, to make it workable for you, but I would not mention that in your argument.

You basically want to be thinking of any business reasons they might turn you down and addressing those to show they are not problems.

What about the bigger picture: how many people are negatively affected by this decision to relocate? was there a consultation to look at the impact on the workforce?

Because it could be that certain part of the workforce such has people have a disability/long term health condition will find it harder if not impossible to travel.

I would also look at whether this decision is affecting parents (ie women) more severely and if there could be a case for discrimination if it ends up that a large number of female employees with caring responsibilities have to lose their job because of this. There are some employment tribunal cases where the judge has accepted that women have to bear the brunt of childcare still and that is an issue to consider.

Basically get some legal advice with ACAS and CAB.

@TheSmallAssassin

''The business don't care about your commute, it is not part of your working day, so OP definitely do not use this as part of your case.''

Of course if a business is relocating they have to look at the impact on employees, it is just common sense and good business planning...

If they are moving to a completely different location that could impact quite a few people which could lead to employees seeking alternative jobs.

Any decent business will factor that in and run a consultation to work out what impact the relocation would have on current staff.

There’s no set distance or travelling time, but I’ve certainly used an hour as a limit during restructures previously. (Senior HR professional.)

They should actually be consulting with you on this change. Are they not?

@Startingagainandagain I agree, but is this a decent business? Have they consulted? There's no point trying to appeal on grounds they are going to disregard, which is why I am advising to stick to hard business reasons.

You may be eligible for redundancy if the location means an unreasonable change of commute or a mitigating adjustment such as expenses for the additional mileage for a period of time. Unfortunately you are not automatically allowed to wfh instead and it can be declined for business reasons, Your personal circumstances do not come into it.

@Justfinking

What an old fashioned viewpoint

Hi 😊
Yes they do as i declared it on my onboarding paperwork.