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How long have you been working there for please?
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Many thanks for your patience. What you have done is tried to apply for flexible working. The right to make a flexible working request applies to any employee who has been employed by the employer for at least 26 weeks.
When a formal request is made, an employer can only reject it on a limited number of grounds. These are:
· Planned structural changes
· The burden of additional costs
· A detrimental impact on quality
· The inability to recruit additional staff
· A detrimental impact on performance
· The inability to reorganise work among existing staff
· A detrimental effect on ability to meet customer demand
· Lack of work during the periods the employee proposes to work
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.
The other issue is that your main option of challenging this would have been through constructive dismissal which is where you are forced to resigns as a result of the employer’s unreasonable behaviour. However, you need more than 2 years’ service to be able to claim that and as you do not have it you cannot pursue such a claim. So your options on challenging this are really limited to an appeal of their decision or a formal grievance – both internal processes.
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