When can I insist on working from home? [LBC Legal Hour]

[@cheeky_monkey_No1]

wasnt there an update on the flexible working making it a day 1 request and employers were to agree unless it affects business?

[@pizzaboy4463]

The right is after 26 weeks. It's a procedural right with no need to justify unless it amounts to indirect sex discrimination or a failure to make reasonable adjustments for a disabled worker.

[@languageoffootball]

Yes I think the day one right to request comes in this year.

[@SirD83]

Sounds like another case of I am used to working in my pyjamas and coming down the stairs two minutes before logging on with the central heating on to me.

[@italifacts1461]

_Sounds pretty decent to me! I've been doing that today._

[@zx6rpro]

Doesn’t get any better 😎🙏

[@DankanCerisolaThe_Police2024]

You are absolutely brilliant brilliant brilliant.

[@ForburyLion]

My employer relocated the office to a different town 15-20 miles away during lockdown and changed us all from office based to flexible/hybrid working, they got out of paying relocation allowances on the basis that we would be in the office only 2-3 times a week and therefore the increased travel costs per day would be lower (in most cases) per week so we would not be worse off. I imagine this may be something that would allow us to insist on working from home 2-3 times a week by throwing their own words back at them if they then insist on us working in the office 5 days a week.

[@sammyb99]

So guy worked in office before ? But now can’t work in office ? What’s changed ?

[@SimonB123]

He said it started in 2020 so must be one of the effects of the pandemic - and he’s one of a very large number of people for whom that is the case

[@maccybear8093]

The day my company loses its head and says we're going back to the office full-time is the day I'll hand in my notice. Thank god I'm working for decent people now and they've made it clear many times, we are not going back to the office like some donkeys are!

[@neojng]

Same here, compnay is doing SO well with flexabile working, eveyones so much more happy and the in office visits are so much more productive.

[@pottr147]

@@neojng It's not your gift to give.

[@neojng]

@@pottr147 wat

[@pottr147]

If you don't own the company, you don't get to decide the practices of the business you work for.

[@neojng]

@@pottr147 well you kinda do, I am a shareholder but also the workforce refuse to do something replacing them would be way to costly for the business. We have already hired 3 new devs that left their last business purely because they wanted them back in the office, these new devs have been brilliant and super productive.

[@harrismazari5484]

I work for a great boss, our office has a 3 day work in office policy but she allowed me to come in only 2 days.

[@alfiebru2130]

Lazy boy

[@coderider3022]

My hr told me to get the requests from my team, wait 3 months then reject on team work requirements. Dean, move on to another company. If you can work from home, you can do it for another company too.

[@Danfrank24]

No wonder the country’s on its arse. Imagine saying on national radio I suffer anxiety when in an office setting. I mean get a grip. Go to work or don’t pal your choice.

[@dajazman2k]

The irony is not leaving his bedroom all day and night is not going to help his anxiety.

[@roodersclive8654]

The law has changed since this call I believe?

[@italifacts1461]

_Yeah, it's a bit stronger, and there is a more limited scope to decline, and you are entitled to request this from day one._

[@jekw23]

If you’re contracted out and there’s a clause to work from the office then that’s it. You can argue the right and wrong of it but if it’s mandated then I don’t think you can get around it.

[@eccentricity9697]

And this is why I work for myself. My life, of which we only get one, and I live it on my terms. Just been living in Thailand and Vietnam for the past 9 months. Life is just better when you take full responsibility for every aspect of your life, especially how you make your money.

[@brianbale9511]

That life style is your choice and its your opinion

[@eccentricity9697]

@@brianbale9511 It's brilliant 🙂 I hear people complaining about their bosses and work colleagues I hear people complaining about their job and customers. I hear people complaining they aren't paid enough. I rarely hear people say they really like or love their job. Me and my Partner are living our absolute best lives. Loving almost every minute of it. When asked how things are going or what it's like working from home or while travelling, we respond life couldn't be better. So yes, whilst it may be my opinion, not only does it work for us, but it seems most people are not as fulfilled or as happy as us with their current work situation.

[@paul8161]

​@brianbale9511 that is his opinion, and his life, it obviously works for them it could work for others to, and his opinion is as valid as yours.

[@andyptv1996]

Well good for you, that's the dream. Not all of us have that option.

[@paul8161]

@@andyptv1996 exactly.

[@thomasdalton1508]

Wouldn't a failure to consider an application for flexibility fairly and reasonably be a breach of trust and confidence? It seems ridiculous that tribunals don't consider anything other box ticking.

[@amritlohia8240]

A tribunal doesn't have a general jurisdiction to consider breaches of trust and confidence. It can only consider such breaches through the prism of a claim for constructive dismissal.

[@thomasdalton1508]

@@amritlohia8240 Agreed, that would be the route to get it before a tribunal. You could just go to county court with a breach of contract claim, I believe, but that would probably need a lawyer and you would be risking costs.

[@amritlohia8240]

@@thomasdalton1508 Yes. Of course in practice, bringing such a breach of contract claim may well provoke a dismissal - ironically, on grounds of breakdown of trust and confidence.

[@shez4058]

No, as an employer although must give consideration to a FWR, there is no obligation for them to accept it, if they can show a business need. Unless, the reason you were asking for a FWR was due to a protected characterstic under the EQA 2010 (such as disability) then that request should take form by way of reasonable adjustments and not a FWR.

[@amritlohia8240]

@@shez4058 Thomas Dalton's question proposed a failure to give such consideration. It didn't concern any "obligation to accept it".

[@Chris-im3ys]

This comment section is gammon central today. Everybody is frothing at the mouth, angry at the idea that working from home just might be less awful.

[@nifralo2752]

Wfh is so isolating. Its not healthy to spend all day in your bed room.

[@funkknuckle]

​@nifralo2752 in your opinion

[@shamimanon6591]

@@nifralo2752 being around people like you is not healthy.

[@harrismazari5484]

@@nifralo2752 Thats so true especially considering your room is in your mum's basement it must get very depressing for you. For others, we have dedicated office space in our houses and loved ones to talk to during breaks.

[@seyley2901]

​@harrismazari5484 , Ooh, so you are expecting everyone to afford a multiple room dwelling? Have supporting family members and friends being in the house to give you emotional support? Harris are you a Champagne Socialist that the the left deny, who scream about the housing and the Mental Health Crisis? Or are you a friend of Lord Ali...

[@L.C.Sweeney]

No offence but being a solicitor's proofreader sounds like THE _dullest_ job on the planet

[@TerryPavlou]

I don’t get it. Imagine going into work to work

[@paulreading8980]

Quite simply because productivity of people “working” from home is abysmal it is commonly abused even to the point where people have got their partners to move their mouse so that the employers monitoring software detects activity. You only need to look at the terrible state of HMRC since their staff stopped turning up to work, good luck getting anyone to pick up a phone and they don’t respond to hand written letters. Good luck with a passport that is not ordered on-line because there are few people turning up to deal with physical requests. This country is going to hell in a hand cart, we need to get everyone back in the office full time and get productivity up.

[@paulreading8980]

Also it is not energy efficient. Heating a lighting a single building with densely packed humans is for more efficient that heating 500 homes with people working from homes. There are many studies on this. Lastly I can tell you that I live in the Surrey hills and it has been a complete joke here since covid there are hundreds of cyclists on Fridays riding all over the hills, some in organised packs some with friends and nearly all young people in their thirties not retired people or students who are too lazy to get out of bed. These are quite clearly people “working” from home.

[@thecamil10]

No legal right to appeal a flexible working request, but in general employers allow it.

[@goodolekayjay6096]

They first 15 seconds tells you everything you need to know about the caller… listen to how he frames his stance. Flexibilities we’re offered to people by necessity at the time, but now many are interpreting them as an entitlement! It’s the company who principally facilitates the employment opportunity, not the other way round. Employees must adhere to conditions set out by the company, assuming ethical conduct etc, and any resentment should become a catalyst to seek employment elsewhere. In the case of this caller, I’d STRONGLY suggest he makes himself as valuable as possible right now as proof readers of formal materials are absolutely at risk of being replaced by AI.

[@DigitalDaffodil]

You can’t insist anything It’s all about what your company wants and where they need you I’d you can’t, for a medical reason Get a medical note

[@jasonsmithy6822]

Pretty obvious why bosses don’t want to take on new staff listening to this fringe , boo hoo I can’t work from home , where’s my safe space , do want your boss wants or get another job .

[@daryls43]

Who on earth would be a boss, I'm glad I work on a building site, people like these wouldn't last a minute 😂😂

[@tosspot1305]

Same

[@AlexBell1991]

There always looking for a new job if you aren't happy with it.

[@mintywebb]

When it says you can in your contract.

[@Asif24960]

What a horrible employee. Wouldn’t want to recruit him

[@holdenmcgroin3995]

Um

[@andrew4274-q4m]

Just grow a pair and go to work!

[@DigitalDaffodil]

Go and do your work, at work

[@tracer1127]

Remember back to when men were men, what a load of snowflakes some of us have become. Dear me it’s embarrassing, the previous generation and the generations before them would never have even thought of some of the crap people come up with today. Get back to work like the rest of us. Never mind lodging an appeal it’s beyond me why they haven’t given you the sack because clearly you are not suitable for the job roll. I suffer with a bad back,aching joints and bad knees, I man up and go to work every day and get on with it.

[@1471perry]

i totally agree with u and i bet u anything he is going to go on sick leave because work is to stressful for him

[@MrWillyMrBrightside]

Yeah, when men were men! Not whinging about things in KZbin comments

[@tracer1127]

@@1471perry yes it’s funny how you never hear of a self employed person having time off with the reasons as someone who gets paid each week and has sick pay etc.

[@shamimanon6591]

wow who is a big boy? you are! well done!

[@christophergray1977]

Get back to work! What is happening with office workers these days? I’m a gardener and like many others have no choice unlike these snowflakes who appear to be frightened of their shadows.

[@MrWillyMrBrightside]

Surely if you're a gardener you deal with a lot more snowflakes? Well during winter, that's for sure. Don't tend to get much snow in the summer I'll tell you that for free

[@barryboom717]

We'll get an office job then and stop moaning in the KZbin comments about home workers you snowflake.

[@Nightstalker321]

Dean needs to go down to B&Q and see if he can buy a backbone or pop down to boots and buy a load of tampons

[@richardhands904]

You need to go pick up a pack of gammon, although I suspect you already have that in droves.

[@P.G.Wodelouse]

@@richardhands904 Nice racist language you lot never fail in your bigotry

[@illnamethisaccountlater4762]

Such a random comment, that is irrelevant

[@Danfrank24]

@@richardhands904Dean just wants to be at home bollocks he’s got anxiety from being in the office he’s frightened of work nothing else.