An employer must show a genuine business reason to deny a flexible working request. We can advise on your options following refusal.
Employees in the UK now have the right to make a flexible working request from their first day of employment.
Following changes in the law from 6 April 2024, employees do not need to meet any minus service requirement to make a flexible working request, and they can make two requests in any 12-month period. The employee no longer needs to give a reason for making the request or explain how the proposed changes could impact the organisation.
While flexible working has the potential to help improve performance and morale among employees, it can also lead to workplace disputes, where the employer denies a request or is attempting to change pre-agreed terms.
Flexible working requests must be taken seriously by employers and handled in a “reasonable manner”. They must also inform the employee of the decision within 2 months of the request being made. As such, employers should have procedures in place to handle the requests in accordance with their legal duties.
If your employer has fallen short in their duties, you may be able to bring tribunal action against them.
An employer can refuse an application for flexible working, but they must have a genuine, good business reason for doing so. Only where the employer can show one of the following grounds can they lawfully refuse a flexible working request:
In addition, employers must also consult with the employee before denying their flexible working application.
Employers are not allowed to discriminate against employees by refusing a request for flexible working.
While the reason for the refusal must be genuine, employers must also handle the request in a ‘reasonable manner’, which should be in accordance with the ACAS code of practice on handling flexible working requests.
We can help employees with all aspects of flexible working and their rights under the flexible working rules.
If you have already made a flexible working request and this has been refused, we can explain your options for appeal or complaint, looking both at your employer’s decision and the process they followed in handling your request.
We can assess the merit of your case and identify options to resolve the issue through your employer’s internal procedures.
Where you have potential grounds to bring an employment tribunal claim, we will help build your case and guide you through the claim process from early stages and negotiations, through to representation at tribunal hearings.
If your employer wants to change an existing flexible working arrangement, we can advise on the implications on your contractual rights and legal options, and any issues relating to breach of contract.
We also have specialist expertise in disability-related claims and discrimination, where an employer’s refusal of a flexible working arrangement amounts to indirect discrimination.
To find out more about our destination services, speak to our specialists.
Legal Disclaimer
The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.
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