This fact sheet should not be considered formal legal advice – for which you should contact the UCU legal help scheme. For further case work advice please contact the branch: casework@birminghamucu.org

Am I entitled to ask for flexible working arrangements?

Yes, provided you have worked continuously for the university for at least 26 weeks and have not made a similar flexible working request in the previous 12 months.

If you do not meet these criteria, the university still has discretion to consider your request.

Bear in mind that it can lead to a permanent contractual change. Sometimes a short-term informal arrangement can be more flexible.

You can access the flexible working application form here: Flexible Working Application Form

And review the University’s guidance notes here: Guidance on Flexible working

Can a flexible working request include a request to work from home?

This would normally be a request for hybrid working – which is not a statutory entitlement but rather a policy that the University has issued since the pandemic.

However, it is possible to also make the request as a flexible working request.

Remember that your rights to request flexible working are held in addition to other rights e.g. the right to unpaid time off for dependants in an emergency.

Can the university refuse my request?

Yes, provided they can give you an objective good business reason for doing so.  Under law, there are 8 ‘good business reasons’ for refusing a request:

1. Agreeing to the request would impose a financial burden on the employer.
2. Agreeing to the request would require the employer to redistribute the work among the staff body, and this is not possible.
3. Agreeing to the request would require the employer to hire additional staff, and this is not possible.
4. Agreeing to the request would have a detrimental effect on quality.
5. Agreeing to the request would have a detrimental effect on performance.
6. Agreeing to the request would have a detrimental effect on the employer’s ability to meet customer demand; for example, demands related to face-to-face engagement.
7. Agreeing to the request would be impossible because there would not be enough work available for the employee making that request i.e. the job cannot really be done at alternative hours, or from home.
8. The employer is making planned structural changes to the business e.g. going through a redundancy process.

As you can see, many of these reasons are quite broad: employers enjoy significant discretion under law. However, they must give the request meaningful consideration, and address it with an open mind (Mehaffy v. Dunnes; Girvin v. Next Retail). They must be able to evidence their reasoning (Commotion Ltd. v. Rutty). For example, it is not enough to assert that granting your request would have a detrimental effect on performance: the university must be able to explain why this is the case. 

Can I appeal a refusal?

Yes. Contact us if you consider doing this and we can provide casework support for you in making the appeal.

If your appeal is unsuccessful, you may raise a grievance. Again, we would recommend you seek casework support to make sure you have a strong case as HR have taken the position in the past that they will not hear a grievance against a decision on flexible working.

My colleague and I have very similar personal circumstances, and made similar flexible working requests. Theirs was granted and mine was not. Is this a ground for appeal?

In principle, if there was no ‘good business reason’ to refuse a similarly-situated colleague’s prior request, then there is no ‘good business reason’ to refuse yours. 

It is important that the university can demonstrate a consistent approach from line-manager to line-manager, and from department to department. The appeals process is one route to attempting to ensure consistency.

However, it may be that granting other colleagues’ requests has generated pressures on ‘quality’, ‘performance’, or the ability to meet ‘customer demand’ which then constitute ‘good business reasons’ to refuse additional requests, particularly where requests are very numerous. If this is the case, you should receive an explanation to that effect. 

The law does not prescribe what employers should do if they receive two or more ‘competing’ flexible working requests at the same time.

Can I enter into a flexible working arrangement on a “trial period”?

Yes. This is especially worth considering given that a flexible working request, if accepted, would form a permanent change to contract. Alternatively it is possible to request temporary arrangements be put in place, for example, for a single teaching term. These would normally have to be negotiated with your line manager.

Can I take time off to care for a dependent or family member?

Yes, although this is separate and in addition to your right to make a flexible working request. The University does currently allow for emergency dependents leave of up to five days at a time, and usually allows for this to be paid leave although this needs to be negotiated with your budget holder: Guidance on dependants leave

As an employee you are legally entitled to time-off to deal with an emergency involving a dependant if they are a spouse, partner, child, grandchild, parent or someone who depends on you for care.