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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68035
Experience:  Qualified Employment Solicitor
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I have had an informal agreement in place to work from home

Customer Question

Hi. I have had an informal agreement in place to work from home 3 days per week to allow me to meet childcare commitments. I have no other help with school pick ups. My manager has now pulled the agreement due to a change in business model. I have applied formally through the childrens and families statutory right to apply and my application has been refused so I have put in an appeal based on guidance. My manager is saying I have no right of appeal and they will not be considering it. What do I do?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: HR have advised me management should follow guidance as did our employee assistance line but my manager is saying HR have told him different and they dont have to accept my appeal
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and in TU. I am struggling to find a TU rep due to staff changes
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's everything thank you
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 5 months ago.

How long have you worked there for?

Customer: replied 5 months ago.
I have worked for civil service for 11 years in March. Current role since october 17
Expert:  Ben Jones replied 5 months ago.

Thank you. Whilst the original informal agreement could have been changed, as you said, you do have the right to make a formal flexible working request to apply for these changes again.

Once an employer receives a formal request they must deal with it in a reasonable manner, ideally meeting with the employee to discuss it and, if rejected, communicate their decision within 3 months of the date the initial request was submitted. When rejecting the request, the employer is only able to do so by relying on any of the following grounds:

· 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

Ideally, the employer should also try and explain their decision in writing, such as providing information on why they believe the selected reason for rejection is relevant and they have relied on it.

An appeal can be submitted once the decision is communicate, however you no longer have the legal right to make an appeal and that will depend on the employer and their internal procedures. This means they can decide not to have the option to appeal. If the appeal is rejected, or no such right is given then the only option left is to make a claim in the employment tribunal. A claim can only be made on one or more of the following grounds:

· The employer failed to hold a meeting, notify their decision within 3 months or offer a right of appeal

· The reason for refusal was not for one of the allowed reasons

· The rejection was based on incorrect facts

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.

Does this answer your query?

Expert:  Ben Jones replied 5 months ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 5 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you