Any success stories from challenging rejection of flexible working requests?

WYSPECIAL

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

Exactly.
Point out in the request the cost saving to the business and extra flexibility it could give I find you are doing different hours to what’s you would do in the office.
Be awareness though that if they are providing equipment for you to work at home having you back in the office all the time may save them money.

EnPointe

Pinneypen said:

Hoenir said:

Pinneypen said:

 My work is entirely online so I think it would be hard to argue customer demand issues.

Are your customers internal or external or both? 

External, in other countries.

so the vast majority of your interactions are by  email, other 'messaging' technology or phone ? or is it a business where there are still  physical documents and/or products to be handled ?

EnPointe

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

a manager / director with your attitude towards flexible working  will end up in one or both of two places 

1. missing  valuable  staff 
2. a courtroom  in front of an employment Judge 

LightFlare

EnPointe said:

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

a manager / director with your attitude towards flexible working  will end up in one or both of two places 

1. missing  valuable  staff 
2. a courtroom  in front of an employment Judge 

curious as to which aspect of my response would lead to this

There is nothing (that I am aware of) in employment law that states an Employer must accept a flexible working request purely on the grounds that it benefits the employee in some way

EnPointe

LightFlare said:

EnPointe said:

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

a manager / director with your attitude towards flexible working  will end up in one or both of two places 

1. missing  valuable  staff 
2. a courtroom  in front of an employment Judge 

curious as to which aspect of my response would lead to this

There is nothing (that I am aware of) in employment law that states an Employer must accept a flexible working request purely on the grounds that it benefits the employee in some way

enjoy your constructive dismissal claim 

Hoenir

EnPointe said:

LightFlare said:

EnPointe said:

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

a manager / director with your attitude towards flexible working  will end up in one or both of two places 

1. missing  valuable  staff 
2. a courtroom  in front of an employment Judge 

curious as to which aspect of my response would lead to this

There is nothing (that I am aware of) in employment law that states an Employer must accept a flexible working request purely on the grounds that it benefits the employee in some way

enjoy your constructive dismissal claim 

At the very least the Employer has 3 months in which to make a decision. The broad recall of all employees seems to suggest that the employer is preparing for all eventualities. 

LightFlare

EnPointe said:

LightFlare said:

EnPointe said:

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

a manager / director with your attitude towards flexible working  will end up in one or both of two places 

1. missing  valuable  staff 
2. a courtroom  in front of an employment Judge 

curious as to which aspect of my response would lead to this

There is nothing (that I am aware of) in employment law that states an Employer must accept a flexible working request purely on the grounds that it benefits the employee in some way

enjoy your constructive dismissal claim 

Constructive Dismissal is a very high bar to meet.

Refusing a flexible working request (unless the employer totally messed up) is unlikely to get anywhere near an employment tribunal

I stand by my original statement to which you still haven’t been willing to divulge what is incorrect about it

LightFlare

Just to clarify - I am 100% not anti flexible working or anti wfh.

There are many reasons why companies may allow these aspects and many reasons why they may also refuse them

Unless a contract specifically states something, then temporary measures (such as wfh during the pandemic) are just that - temporary 

In any event, it is reasonably easy for a company to change a contract if they follow correct procedures (The magnitude and impact of any change may be cause for dispute though)

I think more and more employees are gaining some sense of entitlement or perceiving rights where there are none and subsequently accuse any employer that chooses something not in alignment (but within the law) being bullies,toxic or authoritarian 

The law is generally quite extensive in manners dealing with employment but one thing it doesn’t include is hurt feelings

Undervalued

EnPointe said:

LightFlare said:

EnPointe said:

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

a manager / director with your attitude towards flexible working  will end up in one or both of two places 

1. missing  valuable  staff 
2. a courtroom  in front of an employment Judge 

curious as to which aspect of my response would lead to this

There is nothing (that I am aware of) in employment law that states an Employer must accept a flexible working request purely on the grounds that it benefits the employee in some way

enjoy your constructive dismissal claim 

Of which less than 5% are won at tribunal (although obviously some others reach settlement beforehand).

As LightFlare has suggested it is remarkably easy for an employer who is so minded to find perfectly lawful ways of turning down such requests.

robatwork

EnPointe said:

LightFlare said:

EnPointe said:

LightFlare said:

The “traps” most people fall into when dealing with flexible working requests are:

a) you have a legal right to ASK

b) the company is under NO legal obligation to allow

c) people frame and word the request citing the benefits to THEM. Whereas the “art” is to word it to demonstrate that it will benefit the company (or not detriment them)

a manager / director with your attitude towards flexible working  will end up in one or both of two places 

1. missing  valuable  staff 
2. a courtroom  in front of an employment Judge 

curious as to which aspect of my response would lead to this

There is nothing (that I am aware of) in employment law that states an Employer must accept a flexible working request purely on the grounds that it benefits the employee in some way

enjoy your constructive dismissal claim 

Care to site any case law or examples? LightFlare seems to have summed it up pretty succinctly and your responses don't cut much mustard.