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Flexible working decline

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  • Flexible working decline

    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?
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  • #2
    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
    Last edited by Matty B; 13th June 2024, 20:43:PM.

    Comment


    • #3
      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.
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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      If you have any doubts then do please seek professional legal advice.


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      Comment


      • #4
        Originally posted by Matty B View Post
        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

        Comment


        • #5
          Originally posted by ULA View Post
          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

          Comment


          • #6
            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.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Originally posted by ULA View Post
              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?

              Comment

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