Just looking for some general ideas - I’ve had a flexible working request come in from one of our other directors to reduce working days to 4 from 5. 2 days being in the office the other 2 not, eventually maybe building up to 3.
This is something unusual for our business; but the owner and investors are open to discussion on the 4 days but would like to insist all 4 are in the office.
I can’t see guidance around this specifically but is it reasonable to expect a director to be in and present 4 days.
Further context she currently works remotely due to her husband needing to relocate; but is returning to London.
The rest of her team have been asked to be in the office 4 days per week (they work 5 days)
Thanks,
Is this director an employee of the company? I'm going to assume that they are.
Basically, the business can refuse but must do so on the basis of one of the eight fair reasons. So if the decision makers are prepared to consider the reduction to four days, presumably they are satisfied that work on the fifth day can be reorganised among other staff and that the business will still be able to meet customer demand, so we must then ask why they are opposed to remote working in this case. This usually falls to the areas of either quality or performance or both. So the business needs to be able to articulate the impact on one or both.
For most employees this articulation can often afford to be fairly vague, but when you're dealing with a senior person like a director who might be expected to have a clear grasp of the impact, you will likely need to demonstrate the impact quite explicitly. Against that, of course, you have to measure the risk of refusal which may include the resignation of this director and a legal suit for compensation. With no protected characteristics in play, compensation is limited to - iirc - 8 weeks' pay - but for a Director, this might well not be chickenfeed. If there are protected characteristics involved in the request then a refusal that can be shown to be discriminatory would be subject to potentially unlimited damages.
In short, the owner and investors need to educate themselves on Flexible Working before they stamp on their own fingers.
Thank you!! Brilliantly articulated and confirming what I felt. And there are protected characteristics at play - the risk of tribunal and compensation will hopefully be enough to get the investors attention. Much appreciated
