Flexible working justification

DaveTheMus

KentishLady wrote: »

This in spades.

How are you going to feel if you get your flexible working request granted, and then one of your colleagues has their flexible working request refused when they are struggling with caring responsibilities (eg caring for a parent with altzheimers, or a partner who has terminal cancer, or a child who has a limited lifespan). Would you then offer to go back to your old working pattern? You wouldnt because you probably wouldn't even know their request had been refused until they were signed off sick or resigned because they could no longer juggle their responsibilities.

I am a carer and I work full time. My previous employer allowed me to work 4 compressed days per week - this allowed me to spend one day per week doing all the household chores, shopping, paying bills etc and meant I could devote 2 days per week to support my husband access the community activities. BUT I was flexible, I worked from home on my "at home" day when required, I changed my "at home" day to meet business needs and so on.

My current job role requires 5 days per week cover during office hours so I cannot request a 4 day compressed working week (or 9 day fortnight which is our equivalent). I'll be honest, I am shattered from juggling my work and my home-life. I still think myself lucky that I have negotiated a flexible working week - when we are busy I work longer days so that when I need to take one of my carees to a hospital appointment (or if I am desperate need of a day off during the week to rest) I can book TOIL to release me using the same process we use to book a days leave.

Whilst you have a right to requet flexible working, from where I am sitting your reasons for requesting it are on the face of it selfish. I think your employer has every right to ask what the benefits are to you (i.e. the reason you are asking for it) as well as to them. Apart from anything else they have a duty of care to you so if you were asking for flexible working due to a caring role - they would want to know so they can support you. It also may mean becuase you are not in a caring role that they would only allow you to do so on the understanding you reverted to 5 days per week working when required to do so.

Your reasons for wanting a compressed 4 day week could be easily met by a flexible working day where you agree to available within certain core hours, working longer and shorter days as required to a) meet the needs of the business and b) release you from work to go to your Drs appointments etc.

Or by working from home one day per week - you would still be available to your employer, you could still get your washing done, nip to the doctors etc but they would still have you available 5 days per week.

KL.

I currently work a 'compressed' week of 4 days. I wanted a longer weekend.....

It's a shame if that causes someone else problems, but, first up best dressed....

antonic

I`m a Civil Servant, who is single, no commitments etc who has worked a compressed working week for the last 4 years.

I work my 37 hours in 4 days , and have every Monday off.

I am still classed as full time so still get get full time pay, flexi tine & leave arrangements, BUT I am flexible over the Monday, and have in the past worked a complete 5 day week as & when required because of lack of cover in the office.

As for people who think its selfish, my response is that I was entitled to ask for it and it was granted, others had the same opportunity but didnt ask, and I am not asking for anything special - also because its not a permanent change, it can be cancelled on business grounds.

To the OP, I would say apply and dont worry about others think because if they wanted it they wouldnt think of you !.

SandC

OP I wouldn't worry about them asking why you want flexible working as your response would also give further business justification - you are intending to use the weekday time to book any appointments which at the current time can be inconvenient both for yourself and for your employer - wherever possible.

I too agree with the majority, do not feel like you shouldn't be asking for this just because your reasons are not for caring purposes. After all, most people I know who currently work flexible hours have done so because they have had child(ren) and now want more home time and/or to balance out childcare costs and work. Which is just as much a lifestyle choice as wanting a long weekend!

System

Hi OP,

It would be interesting to see how this panned out for you. Can you update us?

I too am considering submitting a statutory request, in light of the recent changes - mine would be to work from home two days a week though. It is not for caring purposes.....it's just because I can and because I'd rather save time and money on my commute and I just generally prefer to be at home rather than in the office.

Working from home has always been rejected for non-carers in the past, simply because they don't like it, but now I'm wondering if my employer has any legal grounds to refuse any more. My interpretation of the regulations is that they don't.

Takeaway_Addict

In_The_Red_2009 wrote: »

Hi OP,

It would be interesting to see how this panned out for you. Can you update us?

I too am considering submitting a statutory request, in light of the recent changes - mine would be to work from home two days a week though. It is not for caring purposes.....it's just because I can and because I'd rather save time and money on my commute and I just generally prefer to be at home rather than in the office.

Working from home has always been rejected for non-carers in the past, simply because they don't like it, but now I'm wondering if my employer has any legal grounds to refuse any more. My interpretation of the regulations is that they don't.

It is quite easy for them to reject it under the reasons they have to.

You would then have to go to a tribunal to see if their decision is fair and considering it costs it is unlikely you are going to do that.

Allowing it for carers could be seen as a reasonable adjustment and whilst it costs more the company sucks the costs up but they might not legally have to do this for you so could refuse.

System

Takeaway_Addict wrote: »

It is quite easy for them to reject it under the reasons they have to.

I understood it as if they could not reject it under one of these reasons, then they could not reject it at all:

• 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
• detrimental effect on ability to meet customer demand
• insufficient work for the periods the employee proposes to work
• a planned structural changes to the business

My job does not fall under any of these (as far as I can see).

Takeaway_Addict wrote: »

Allowing it for carers could be seen as a reasonable adjustment and whilst it costs more the company sucks the costs up but they might not legally have to do this for you so could refuse.

I cannot see where or how it would cost my employer more to allow me to work from home. Unless they are obliged to provide a laptop or something. I would be happy to use my own.

Acc72

In_The_Red_2009 wrote: »

Working from home has always been rejected for non-carers in the past, simply because they don't like it, but now I'm wondering if my employer has any legal grounds to refuse any more. My interpretation of the regulations is that they don't.

The employer must consider the application, but that does not mean that they have to agree to it.


In reality, the likelihood of this being accepted is the same as before - however, instead of saying "you are not a carer", the employer will justify their decision with a "business reason".

System

Acc72 wrote: »

The employer must consider the application, but that does not mean that they have to agree to it.


In reality, the likelihood of this being accepted is the same as before - however, instead of saying "you are not a carer", the employer will justify their decision with a "business reason".

Hmm, that's interesting. It would have to be a really good made-up business reason then, as I have worked from home unofficially for quite a few days in the last couple of years and have proven that it does not affect my work.

Bantex_2

Are you asking to work 4 days but get paid for 5?

Takeaway_Addict

In_The_Red_2009 wrote: »

Hmm, that's interesting. It would have to be a really good made-up business reason then, as I have worked from home unofficially for quite a few days in the last couple of years and have proven that it does not affect my work.

No, no it wouldn't. They say no then you would have to go to a tribunal to see if the decision is correct. Are you going to spend up to £1200 to see if their decision is correct with either way not going to get you this £1200 back?

And I'm sure the company if they wished could come up with a valid enough reason if pushed.

The odd day here or there doesn't mean that twice a week would be accepted.