Flexible working request denied - advice please!

jujalicious

So I'm in a bit of a strange situation here and I'm not sure what to do... I submitted a flexible working request to my employer after finally deciding to leave the UK and it was denied.

I'd been up front in telling them this since I joined the company almost 2yrs ago and my previous manager who was unfortunately unceremoniously sacked last month had been happy with it all along (but this was just a verbal agreement and so I don't have a leg to stand on there).

Now I'm imminently moving away, have sold most of my items, flights are booked, accommodation in my new location is sorted - everything is set up there so I can't change my plans. I work remotely around 50% of the time anyway and the company already has a lot of fully remote workers.

I wrote in my original request that I fully intended to fulfill my normal work and hours for whatever shift I was allocated at the time. I also mentioned that they could potentially set up a new shift so that we have fully 24hr support for the business (this should be good for them, we're supposed to provide it but currently don't!) but they seem to have taken that idea and ran with it which isn't really what I was requesting - it was just an option for their consideration!

They have denied the request because they think that this will have a detrimental affect on the quality of my work and that I will not be able to fulfill the shift schedule and don't want me working alone.

I'm not really sure how doing my normal work following the allocated shifts will change? Some of the shifts may be at a slightly weird time in my new time zone but ultimately, that is my problem not theirs. I also didn't ask to work alone! even if I did... I'm reasonably competent and I'm sure I'd be fine... I must also mention that I already did a trial run of this last year for a few weeks (which my previous manager was ok with) as I was concerned with internet speed(s) but as it turns out, nowadays this isn't really a problem.

So I'm currently in this strange limbo where I am due to leave soon and they have denied my flexible remote working request. They also seem to have no suggestions as to what to do about this and have pretty much told me that the ball is in my court, I somehow expected that they might say something especially given that my notice period is 2 months.

It is clear that they are heavily implying that I should just walk away and leave it but it feels to me like I'm being screwed!

Any ideas on what I should do?

SnuggleBuggles

My advice would be to cut your losses and start afresh in your new location.

Your current employer are unlikely to change their mind and there's not a lot you can do about that.

Good luck with whatever you decide.

jonnygee2

So I'm currently in this strange limbo where I am due to leave soon and they have denied my flexible remote working request. They also seem to have no suggestions as to what to do about this and have pretty much told me that the ball is in my court, I somehow expected that they might say something especially given that my notice period is 2 months.

It is clear that they are heavily implying that I should just walk away and leave it but it feels to me like I'm being screwed!

Any ideas on what I should do?

You have a few choices that I can see:

1) Try and convince them to give you a trial period with a clear review stage. Doesn't sound like they will be interested, but you can try. Obviously it's their decision as to whether they accept it or not.

2) Don't go away at all and keep your job.

3) Postpone your trip by a couple of months, hand your notice in and work out your notice.

4) Try and negotiate your notice down so that you are able to leave your job before you go away

5) Go away anyway, despite having two months left to work, putting you in breach of your contract and probably leaving you to face disciplinary action and dismissal.


I wouldn't recommend option 5, it could screw your references up and even (in very rare cases) leave you liable to cover employer costs. Probably start with 1, and if that doesn't work make a decision on 2 - 4.

John_G_Jones

You are not being screwed. If I understand you right you’ce Asked to do your job flexibly from abroad, and your employer has said that they prefer the current setup.

Where do you see that anyone’s screwing you here?

The situation is that you need to fulfil,the work contract or you can resign, serve your notice and leave.

Brynsam

Your employer's basic message seems to be they aren't too fussed about retaining your services, given how inflexible they are being. I'd work from that starting point.

iammumtoone

Its a shame you were given the wrong impression by your previous manager (would the final decision been up to them anyway?)

This is an unusual flexible working request. Unless you work in a very niche role which is hard to fill I can see why the employer would not want staff working for them in based in another country and time zone.

Flexible working is suppose to be for the good of both sides. I am sorry to say but I don't think its that flexible if you can't turn up at the office when required. What if they had an issue with your work and you needed to face a disciplinary, would you fly in for it?

I apologise if the company already have staff working in other parts of the world so there are already procedures in place for all eventualities but if your are the first it was a huge ask in the first place.

TELLIT01

Every employee has a right to request flexible working, and every employer has the right to refuse the request if it doesn't fit what they see to be their business need. Whether or not there are other staff already working in the way you requested is totally irrelevant if the company decides they neither want nor need more people working that way.


As the employer has declined your request you basically have two options. 1. Continue working as your current contract requires. 2. Resign and get another job.

JayRitchie

Do your employers pay people doing your job who work remotely from other countries? If not there are a lot of taxation / payroll issues for them to figure out.

Les79

My previous post on here was a bit more heavy-handed, but I've decided to delete it in favour of this one (feel free to PM me and I'll divulge the full info).


You mentioned that your manager, who was verbally agreeing this, left 1 month ago.


The rules on the Flexible Working Requests from the UK Government are that employers must make a decision within 3 months.


So ideally your request should have been submitted 5 months in advance (3 for the request and 2 for your notice period).


If you particularly trusted said manager then you had scope to submit it 3 months in advance of moving (and push for an answer, because after all, you were really committed to this move and you wanted to respect your 2 month notice period by getting an answer within a month etc). So that's up to 2 months of visibility that said manager had on the request (with the second month being absolutely critical because it had passed your notice period time), and surely if they were so supportive it should have been pushed through?


If you have submitted the request 2 months prior to moving then you are VERY BRAVE to say the least. If it was any less then you're barking mad.

[Deleted User]

Les79 wrote: »

My previous post on here was a bit more heavy-handed, but I've decided to delete it in favour of this one (feel free to PM me and I'll divulge the full info).


You mentioned that your manager, who was verbally agreeing this, left 1 month ago.


The rules on the Flexible Working Requests from the UK Government are that employers must make a decision within 3 months.


So ideally your request should have been submitted 5 months in advance (3 for the request and 2 for your notice period).


If you particularly trusted said manager then you had scope to submit it 3 months in advance of moving (and push for an answer, because after all, you were really committed to this move and you wanted to respect your 2 month notice period by getting an answer within a month etc). So that's up to 2 months of visibility that said manager had on the request (with the second month being absolutely critical because it had passed your notice period time), and surely if they were so supportive it should have been pushed through?


If you have submitted the request 2 months prior to moving then you are VERY BRAVE to say the least. If it was any less then you're barking mad.

No need to be so rude.

TELLIT01

[Deleted User] wrote:

No need to be so rude.

Not rude. Simply very much to the point. Bottom line is that you never assume a request for flexible working will be accepted, and you certainly don't make life changing arrangements without knowing the outcome of the request. If 'barking mad' isn't the appropriate term for the actions how about 'extremely naive, verging on stupidity'?