Has my Flexible Working Request been handled correctly/fairly?

[MotherhoodLife]

I’ve been having quite a stressful time with my Flexible Working Request. I’m on maternity leave and I’m due to return to work in 6 weeks. I put in for a flexible working request on 5th May and I am still yet to receive a formal written decision on my request (8 weeks today). I’m not entirely sure what to do from here if I don’t receive a reply by the end of the day today. Please see below for the timeframe of my flexible working request:

5th May: Put in for a flexible working request. I was told that I was putting in for a flexible working request too early and that they would like to book in for a meeting to discuss on 1st June.

6th May: I responded stating that in line with both guidance of ACAS, GOVUK as well as the internal company policy, there isn’t a requirement for a request to be submitted a set number of weeks in advance. The statutory process should be that a decision is made within 8 weeks of my initial request.

8th May: They emailed stating that whilst ACAS and GOVUK don’t stipulate a time frame, the company only requires 8 weeks notice before your return to work for a flexible working request. That same day I went back to them stating there was no written company policy stating unless they can provide me with one (which they couldn’t) therefore my request will start from 5th May.

11th May: I received an email asking if I was free for a teams call to discuss in details on 18th May.

18th May: Had a teams call with HR and my manager to discuss the request in detail. He stated that he was more worried about the work phone situation and briefly mentioned that there’s not really an established temp desk there anymore. I was flexible and said that I can do a trial period should it be necessary and I can change the working from arrangements too. I sent over a follow up email to thank them for their time but I didn’t receive a response.

1st June: 2 weeks went by without hearing anything from them. They emailed me on Monday 1st June asking if I can be free on Wednesday at 3pm for a teams meeting which I accepted

2nd June: I recieved an email for a meeting cancellation as my manager was out in London and asked if they could move it to a Thursday, I accepted.

4th June: Had the meeting, they told me that they can accept my 32 hours but they want me to have Thursday as my day off (which wasn’t what I requested and didn’t help my childcare situation) my manager explained that it was difficult for me to have the days off that I wanted on a temp desk, and then told me they can offer another alternative of moving me over to a perm desk.

After the meeting I followed up with a email asking about what my salary change would be, my holiday entitlement and if there was any flexibility on the day off.

9th June: I recieved an email from HR stating that they asked if I could work on the following days at 32 hours a week, they stated that this was proposed to me on the basis that running a temp desk has a high demand on payroll, as well as clients and candidates requiring there shifts being filled. We have also proposed to you that when you come back off maternity leave, that you can move to run a perm desk, they stated that this would alleviate the demand for payroll on Monday and Tuesday and alleviate the high demand from clients and candidates on Fridays. They declined a movement on the non working day for temp but advised me that if I’m considering running a perm desk when I come back, there could be more flexibility on the non working days due to not having to meet a high customer demand.

10th June: I emailed back stating that I am keen to move over to a perm desk however my flexible working request still remains my preferred arrangement as it’s based around my childcare responsibilities and the practical arrangements that I’ve tried to put in to support my return to work. I stated that as my understanding is that those operational constraints would be reduced or removed on a perm desk, I would like my flexible working request to be considered on a perm desk. They replied that same day saying thank you for my response and she’ll let my manager know.

15th June: I didn’t have an update so I emailed asking for an update.

16th June: HR responded saying that she’s waiting on written confirmation from my managers which will be by the end of the day, if not before. And they will get the final agreement over to me asap and thanked me for my time.

17th June: I responded saying thank you etc. no response or update from them.

19th June: I emailed for an update, no response.

22nd June: I emailed again for an update, no response.

23rd June: I got an email back saying sorry for the delay, she’s been speaking with my manager and they are working out the final logistics of the request to ensure all parties are happy. She also said that she made all parties aware that the 8 week deadline is approaching and that she has to respond to me in that timeframe and said as soon as she has an update she’ll let me know.

29th June: Still hadn’t heard anything, so I emailed again and I received no response.

30th June: Today is the 8 week deadline and I’m still waiting on a response.

I haven’t had any chance to make any appeals yet either, which are stated in their company policy that any appeals will have to be made and dealt with within the 2 months of sending my request. I really don’t know where to go from here?

Seems like they are bending over backwards to meet your needs. I wouldn’t rock the boat

Your employer has 2 months, not 8 weeks - and can be longer if agreed in writing.

If your flexible working request involves a 'long weekend', it's perfectly reasonable for them to assume this will prioritise your quality of life over other employees.

Union. If you're not in a union, then you should be, however, they will only consider resolving issues that were apparent before you joined.

Agree with this

I agree that it sounds like they’re trying very hard to accommodate you and you haven’t been particularly receptive in that regard. You’re better off giving them an extra few days to show good will, after all you’re in their hands at the minute

I think nitpicking about timescales didn't get your request off to a good start. They're holding most of the cards.

I would focus more on the conversation and less on the timescales. On first reading, they sound as if they're trying to accommodate your request whilst balancing business need, so I would give them time to do that.

To be honest, I think you need to stop chasing them so much, they haven’t said outright no, they have explained clearly why your day of choice won’t work on a temp desk and are trying to move you, your childcare isn’t their problem. I think you need to be patient here because it would probably be easy and reasonable for them to just say no if you keep trying to hold them to deadlines. They clearly need longer because they are trying to make it work. Keep them onside.

Stop hassling them!

This, stop hassling them

You’ve had more than me. Request put in September to manager, 8 weeks later I chased it up. Whoops, the regional manager it was sent to didn’t see the email. I then waited 4 weeks to chase it up. Whoops regional manager got sacked, passed to COO, chased up 4 weeks later. Verbally told yes, have asked my line manager, regional manager and COO for it in writing, nothing. Good job I’m not going back till November.

Are they very busy? I would cool down a bit if I were you.

You’re being hard work. They sound like they are doing everything they can to support your request.

Leave them be and cool your jets.

Did you word the request that you only wanted flexible working for our own childcare needs or highlight how it could benefit the company somehow?

I have no idea what all the debate about temporary or permanent desks actually means, but why does it benefit the business to give you either a Monday or Friday (surprise, surprise) as your NWD? Nursery places are so much easier to get for those days BTW, as everyone has the same idea.

They're not actually late yet, the deadline isn't today.

There are eight business reasons that an employer can reject a flexible working request.
Your employer may have grounds to decline (part of) your request but they are seem like they are looking at ways that they might accept at least part of your request.

I don't really understand any of the temp/perm desk stuff either but assume the OP works for an employment agency. Don't understand the work phone part either.

I had my request to work 4 days a week turned down, and I’ve never worked for an employer that accommodated these (US companies.) In fact after my second child I had my request to work a day a week from home turned down, which really seems very harsh now!

Take what you can get (any day off is fine, no need to quibble here, your desk arrangement is really not important) and be prepared to move if the return from maternity doesn’t work out - it frequently does not.
As an aside, I would be careful here not to p off your line manager because they seem to be supportive while you seem to be nitpicking on lots of the details and constantly demanding updates.

Literally this. You have chased them a ridiculous amount of times.

I'm guessing OP works for a recruitment agency and they are saying that it would be difficult for her flexible working request to be accommodated if she was working on the temp recruitment side because the timescales in that area are heavily dictated by weekly timesheets and payroll: Monday/Tuesdays are the days when there is a big push to have timesheets signed off and processed for payroll and also Fridays (and possibly Thursdays) are particularly busy for placing/finalising new contracts that start on the following Monday.

The perm side is not tied to such tight, relentless weekly timescales. Permanent recruitment generates higher one-off fees but on a more periodic basis - there are also no timesheets and no payroll processing

That makes sense. Maybe the problem with the phone is about who calls are diverted to.

Anyway, it's still unclear if the OP has created a business case or simply what works for her. My advice would be to ease up a little on knowing deadline rights and look at the bigger picture. If it is a recruitment role, how easy would it be to get a similar role ticking all the boxes elsewhere?

Personally I think any flexible working request for a Monday or Friday should be automatically declined. It’s so painfully obvious why you want it.

It depends on business need - it would be stupid to automatically decline such a request if it works for the organisation/business and can be accommodated.

Although a FWR is a statutory right, the right is to request, it is reasonable that an employer deny the request based on a set reasons, one of them being operational. Your organisation may not be able to accommodate your requested day off, and it sounds as though they are trying.

i don’t follow this at all. After my first child was born I went down to 4 days and chose to have Mondays off. Intrigued as to what you think the ‘paintfully obvious’ reason is why I chose Mondays? And indeed why this upsets you more than if I had chosen Wednesdays?