I have been asked whether on an appeal against a decision not to allow flexible working to an employee, the employers response time of 14 days includes the christmas bank holiday or not. My own view is that as it states 14 days, not 14 working days then bank holidays should be counted, can anyone support this or offer a different view?
Merry Christmas!
Iain Reynolds
2 Responses
14 days
The Act makes no provision for the discounting of weekends or bank holidays so 14 days it is.
However both employer and employee can arrange between themselves alternative timetables by agreement (in writing) then why not agree to the removal of the bank holidays if it suits both parties?
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Time Limits
I agree with Robert Edwards’ comment: the employee and their manager should be able to agree on a suitable cut-off date for any appeal, at this time of year when Bank Holidays etc. encroach on normal operating conditions.
The employee should be made aware of the reasons why a response will not be made in the standard time-frame. In my experience, provided people know when they will receive a response, there doesn’t tend to be an issue.