Flexible Working Request - Declined

[Intrepid]

Hi I am making this post on behalf of a friend.

Recently my friend made a flexible working request to their employer.

They work full time on a variable days and made a request to fix the days they work in order to facilitate child care going forward.

The request was declined on the reason of costs and the employer proposed that fixed working days could only be offered on a part time basis.

I would be grateful to understand if the proposal is lawful or whether it may fall foul of discrimination law.

[whitelist]

Why do you consider it to be discriminatory?

Has the child a protected characteristic such as disabled, etc?

 

The law entitles you to make the request and discuss with your employer flexible working, they do not have to agree.

[Kyosanto]

@Intrepid How long have they been working there?

 

What's the size of the workforce? And what is the nature of the business? 

 

Ignore whatever drabble the person above has spewed, as they are known to talk out of their bottom on other threads, and wait for someone more qualified to comment, but the above would probably help already. An employer should be able to accomodate reasonable requests and your child doesn't need to be disabled for your rights to parenting to be affected.

@whitelist Skin color is also a protected characteristic, so since my child is asian/black/white (select as appropriate) I am protected as their parent.... am I right? 

Edited October 25, 2022 by Kyosanto

[whitelist]

Your employer can turn down your flexible working request if there's a valid business reason for doing so. By law, your employer can turn down your flexible working request if: it will cost too much. they cannot reorganise the work among other staff.

 

As for unqualified, google disability by association

 

Previous post reported

 

 

If your request is turned down: Making a flexible working request - Acas

WWW.ACAS.ORG.UK

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The reasons your employer can turn down your flexible working request by law.

 

Edited October 25, 2022 by whitelist

[Intrepid]

Hi Kyosanto

They have been with their employer for over 8 years.

The size of the work force is in excess of 10,000 employees.

The nature of the business is air transportation.

[Kyosanto]

Thank you @Intrepid

 

With over 2y service and a workforce that large, it would seem difficult to argue that fixed working days would cause unreasonable increased costs. (Much to the chagrin of the person who likes to report me)

 

The nature of air travel though might mean that they would need to be a bit flexible around high season periods, even if they don't wamt to be.

 

I will bow my hat now and wait for a real expert to step in.

[unclebulgaria67]

Flexible working is mostly at the discretion of the business.  Very difficult to pursue outside of a company's grievance process.

 

So, the friend could appeal using the grievance process and this should enable a different manager to review.  

 

It might be worth the friend having chat with line manager before the grievance form is completed, providing them with last opportunity to reconsider the request.

[Emmzzi]

The onus tends to be on the employee to show how the work can be covered, In all the applications for flexible working I see, maybe a third actually address this.

 

What did your friend propose for the details of work getting done?