The right to make a flexible working request applies to any employee who has been employed by the employer for at least 26 weeks.
Examples of the changes that can be applied for in a flexible working request include:
When a formal request is made, an employer can only reject it on a limited number of grounds. These are:
In addition, the employer has a duty to explain their rejection in writing. They must state why the specific business ground applies in the circumstances and include the key facts about their decision. These should be accurate and relevant to the reason used.
However, when selecting the ground for refusal the test is a subjective one on the part of the employer. If the employer considers that one of the grounds applies, then the test is satisfied. The test does not create any requirement of reasonableness into the employer's judgment. It would appear that only if the employer's view is based on incorrect facts, could the decision actually be challenged. So you are not able to force an employer to allow your request for flexible working and they have the final say on this – regardless of whether a solicitor gets involved or not, that is the legal position.
Therefore, if the employer has not relied on one of the set grounds to justify their refusal, or the facts they have used are incorrect or unreasonable, the decision can be appealed first before a formal grievance is raised. If that does not help, a claim can be made to an employment tribunal. The available grounds to challenge their decision are:
The claim should be presented to the tribunal within 3 months of either the procedural breach or of the date on which the employee is notified of the appeal decision.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
the fact that others have been allowed to change their hours will not necessarily give him any better rights as long as the employer could still show one of the aforementioned reasons apply. However, if they have rejected his request but then at the same time, or soon after, given permission to someone in the same position as him to change their hours, it could imply that he is deliberately being treated unfairly. In these circumstances the only way to pursue this is to actually resign and claim constructive dismissal. Not the best scenario s you can imagine as it would mean he is out of a job and the claim can be difficult to win but it is his last option should he not be in a position to continue working there as a result
Does this clarify things a bit more for you?
I would not suggest you make the grievance directly against the manager but just make it general about the refusal and the company's policies - the manager will automatically be part of it as he makes the decisions but try not to make it personal like this
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