Employer hasn’t replied to my flexible working request

[lulugrape]

I’m on maternity leave until January. Put in my flexible working request for three days a week on June 19th, meaning the statutory 2 month deadline that they have to make a final decision by is August 19th which is Tuesday. Got an email from my (young and inexperienced) manager yesterday basically saying ‘we haven’t decided yet so I will update you when there is news’. I replied pointing out the statutory 2 month period and told her I need a decision as I need to finalise childcare. No reply yet.

I don’t know what to do next! It’s very unlikely they’ll suddenly have a decision by Tuesday and I don’t want to agree to a deadline extension if they ask for it because I’m already late and pushing my luck in getting childcare sorted. I don’t think my refusal to agree to an extension is ‘allowed’ to affect their decision on me going down to three days, but feels like they might let it unofficially affect their decision anyway. I’m not with a union. Does anyone have any advice?

i think you probably need to prepare for them to decline the request and be ready to appeal it or offer alternatives. They only have 8 reasons that they can use to refuse a flexible working request (https://www.gov.uk/flexible-working/after-the-application) is it likely that one of these might apply? If so it might be worth thinking about a counter offer to make these reasons obsolete so they can’t say no? Equally if they do decline try contacting ACAS for advice as well. Also do remember that the reason you need the flexible working is t important to your employer they need to know how you reducing your workload is going to affect them and how you propose they will cover this either through a job share, reallocation of duties etc.

Is there a business need? How do they cover the 2 days? The cost of recruiting and employing someone for two days a week is a risk for them. There'll be a small pool who want two days a week.

Does your work place have HR?

I'd forward your correspondence on to them.

If not call ACAS and ask their advice on how to proceed.

Get your union rep to deal with it. If you’re not in a union, why not?

All workers in the UK can join a union. They are not run by your company and being in a union gives you legal representation and back up when your employers falls down on their legal commitments.

August 19th is Monday.

I'd be rejecting. Unless there's something you haven't mentioned, you don't have any reason that'd justify you going down to 3 days a week.

@NAndJIsLockingDown

Why do you say that? It's a balance between OP's desire to work less and yes, the needs of the business. She doesn't need to have a specific reason to request it, though in this case it's clearly related to having a child. The law has changed recently to encourage more businesses to consider flexible working.

If flexible working is approved for someone who has no justification other than "I want it" then that'll lead to countless others trying their luck too.

Good job you're not the OPs manager then, isn't it?!

Exactly. That’s exactly what flexible working should be. Anyone can apply for flexible working; that’s always been the case. Now we have clearer law on it. Anyone can apply and business must justify why they can’t if they say no.

It’s nothing to do with why someone wants or needs it.
The only considerations for flexible working are the 8 reasons a business can say no. It’s nothing to do with why someone asks. You don’t get to decide why someone needs it and you don’t get to ask about their personal life to then decide if it’s worthy.

Some people shouldn’t be in charge. I hope you’re not, but I guess you’ll end up in front of a tribunal sooner or later if you are.

Or you could take the approach the NHS did decades ago.
Realised they were losing so many highly qualified and skilled staff if they couldn't balance work/family life, if they couldn't replace them then they couldn't deliver their "business".

So they granted part time and job share requests in many instances. For the sake of granting a few years part time working they kept a highly qualified member of staff in the NHS for 40 years.
Clever eh?

Actually I think you'd find 2 days a week would appeal to a lot of people such as parents looking for a part time job,students and retired people looking to top up their pension.

I wouldn't be able to carry on working at all if I didn't work flexibly. I balance working with bring an unpaid carer and the alternative would be claiming benefits as a carer and not making any contribution to society. So glad the law has changed to offer this more readily. Good luck OP!