Flexible working decline

[Shawnsmith]

Hi, my place of work has decline my flexible working request for generic reasons. The reasons given to me were exactly the same as all other parties who have put the request in. The decline did not align with acas code paragraph 9 which is underpinned by the employment rights act 1996, 80f (I think). My appeal is pending, I believe I am right I assuming that as none of the reasons given for decline match those given in the act (and should do) that they cannot reasonably decline the request. Thoughts?

[Matty B]

You might find this useful Flexible and hybrid working: UK employment law | CIPD
Also this Flexible working: Overview - GOV.UK (www.gov.uk)

It is never a good idea to rely just on legislation as it can be revised

[ULA]

You say the reason for declining your application for flexible working were "generic reasons" can you be a more precise as to what was stated in your case.

[Shawnsmith]

You might find this useful Flexible and hybrid working: UK employment law | CIPD
Also this Flexible working: Overview - GOV.UK (www.gov.uk)

It is never a good idea to rely just on legislation as it can be revised

hi, yes I’ve read all that, which leads ultimately to the acas code underpinned by the legislation. Cheers

[Shawnsmith]

You say the reason for declining your application for flexible working were "generic reasons" can you be a more precise as to what was stated in your case.

Yes, essentially all employees who had a recent request decline were given the same reasons. Which, for me, do not make it dealt with in a reasonable manner.

reasons included:

we are a business that achieved success through culture and strong relationships, delivering good service to our customers on a face to face basis.
we want to continue to grow to meet demands and believe this is best done working from an office.
staff can learn with with each other on a face to face basis, is it best to do so.
we will support customers and staff best on a face to face basis.

essentially nothing in particular to my role, which is not customer facing (I’m more data orientated) and nothing which aligns with paragraph 9 of the acas code which is supported by the employments rights act 1996. Which is below. I don’t feel those reason align.

"9. Employers must agree to a flexible working request unless there is a genuine business reason not to. A decision to reject a request must be for one or more of the following business reasons which are set out in the Employment Rights Act 1996:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work available for the periods the employee proposes to work
• planned structural changes to the employer's business"

thanks

[ULA]

Unfortunately you no longer have a statutory right to an appeal but you may still be able to appeal. I suggest you check with your employer to see if they offer an appeals process.

[Shawnsmith]

Unfortunately you no longer have a statutory right to an appeal but you may still be able to appeal. I suggest you check with your employer to see if they offer an appeals process.

I have appealed. Sorry should have made that clear. Can you advise whether they were correct in the first place to decline without citing relevant reasons thus breaching statute?