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Can they deny flex working request just because they want to?

6 replies

BurritoTamer · 01/07/2024 12:26

I put in a flexible working request to compress my 5 day week into 4.5 day week for childcare reasons. I’ve been doing this pattern using annual leave since returning from Mat leave.

I chatted about it with my manager before formalising the request and he didn’t seem very happy about it.

I’ve now had a meeting invite from the HR rep with her and my manager.

What should I do to prepare for this meeting? Do I just have to accept whatever they say?

OP posts:
Peonies12 · 01/07/2024 12:28

I'd look at your rights: Flexible working: Overview - GOV.UK (www.gov.uk)
I wouldn't be overly worried about the meeting, they will just want to discuss it. they need to have a 'business' reason for denying the request. Do you have a union at work, or do you belong to a union?

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DogJog · 01/07/2024 12:28

What request have you put in? What hours are you proposing ie longer days on which days? Are you flexible re which afternoon you'd like off? They are required to consider the request but not obliged to agree it if it doesn't meet business need. I would therefore prepare the best you can with your proposed cover arrangements, how it will benefit the business, which days you could be flexible with, which areas of work can be enhanced by you starting or finishing earlier etc.

BarnacleBeasley · 01/07/2024 12:30

How are you compressing it? Are you proposing to work extra hours on some of the days, or take shorter lunch breaks? From their perspective, if you have been doing your normal amount of work in 4.5 days using annual leave, and now you want to continue working 4.5 days, they might rather just pay you for 90% of full time. So the flexibility would be offering you less than full time hours, rather than compressing?

If you're suggesting a pattern of full time hours which give you a specific afternoon off, and it's the same one you've been taking, then you need to be able to justify that your not having been at work on that afternoon hasn't negatively impacted the business.

BurritoTamer · 01/07/2024 12:51

More info:
Yes it is to compress full time hours into a 4.5 day week by starting earlier and finishing slightly later on the other days. I would be flexible about the day but I’ve specified what times and days I want the arrangement to take on the form, as this reflects the status quo I’ve been using AL

Not to drip feed but it’s hybrid wfh/office role, and on our wfh days my colleague has made it clear she does not use childcare, everyone is aware of this fact. Does this factor in at all? I want to use childcare for every hour I am working, not try to wfh and mind my child. This is why I don’t want to take 90% salary as my colleague is on FT salary, it would sting a bit.

I guess the only benefit to the business is that they keep me as an employee? Do they factor this in? I appreciate they can get someone else in to do my role obviously but does retention play any factor?

OP posts:
BurritoTamer · 01/07/2024 12:54

Oh and no Union no, I would be in one if I could.

OP posts:
Peonies12 · 01/07/2024 12:56

I don't think it's very appropriate to bring up the issue with your colleague not using childcare - not as part of your flexible working discussion. You can raise it separately if it's causing issues. You don't have to prove benefit to the business, your employer has to have a reason why your arrangement would negatively effect the business.

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