Employers cannot turn down a flexible working application for any reason they choose, since the flexible working request reasons to decline are fixed by statute. There are eight such reasons, set out in the Employment Rights Act 1996. A reason that falls outside the list, however sound it may be from a commercial standpoint, will not support a lawful refusal.
Understanding which ground genuinely applies to any specific flexible working request is something our consultants deal with constantly across a wide range of sectors, from hospitality and retail to professional services and golf and country clubs.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Are The Eight Statutory Grounds For Refusing A Flexible Working Request?
The statutory grounds for refusing a flexible working request are as follows:
- The burden of additional costs
- A detrimental effect on the employer’s ability to meet customer demand
- An inability to reorganise work among existing staff
- An inability to recruit additional staff
- A detrimental impact on quality
- A detrimental impact on performance
- Insufficiency of work during the periods the employee proposes to work
- Planned structural changes to the business
These grounds are wide enough to cover most genuine operational objections. The difficulty employers face is rarely finding a ground that fits, but it is being able to show that the ground applies to the specific request.
Which Grounds Do Employers Rely On Most Often When Refusing A Flexible Working Request?
The inability to reorganise work among existing staff is probably the most frequently cited reason for refusing a flexible working request, particularly in small teams where one person’s hours cannot easily be absorbed by anyone else. Detrimental effect on the ability to meet customer demand is common in businesses with fixed opening hours or client-facing commitments. The burden of additional costs is also widely used by small business owners.
Basing a decision on costs grounds needs particular care. The ground refers to a genuine additional cost burden, not to a marginal expense or a general preference for the existing arrangement. An employer refusing a request for costs reasons must be able to identify what the additional cost actually is, since a vague assertion that the change would be expensive is unlikely to hold up.
What Evidence Supports A Flexible Working Request Refusal?
If you intend to refuse a flexible working request, you must be able to evidence your reasons for doing so. For example, if you are relying on an inability to reorganise work, you should be able to show which duties cannot be covered, who else was considered, and why the alternatives do not work. Evidence such as rotas, staffing levels, opening hours, client commitments, and workload data can all help in supporting a refusal. The aim is to be able to demonstrate that a decision was reached by carefully considering the potential impact on your commercial operations, rather than by selecting the ground that best supports your decision after the fact.
Can You Rely On More Than One Ground?
Yes. An employer may rely on more than one of the eight grounds where more than one genuinely applies, and in practice they often overlap. For instance, an inability to reorganise work may lead directly to a detrimental effect on customer demand.
However, listing several grounds in the hope that at least one will support your decision tends to weaken your position rather than strengthen it, because grounds that do not withstand examination cast doubt on those that might. It is often better to rely on the grounds you can properly evidence than simply rely on a long list of reasons that you cannot support.
How Does The Employment Rights Act 2025 Affect The Reasons To Decline?
The Employment Rights Act 2025 does not abolish the eight grounds, but it does change their function. The relevant provisions are expected to commence in 2027.
At present, a refusal is lawful if it rests on one of the eight grounds and a proper process has been followed. Once the reforms come into force, the employer will need to show not only that a ground applies, but that it is reasonable to refuse the request on that ground and will have to explain that reasoning to the employee in writing. Generic or formulaic wording is unlikely to satisfy the requirement. Employers who begin evidencing their grounds properly now will be substantially better placed when the law changes.
Are There Any Reasons That Cannot Be Used When Refusing A Flexible Working Request?
Any reasons that fall outside the eight grounds cannot support a statutory refusal. A dislike of homeworking in principle, a concern that other staff will make similar requests, or a general preference for how things have always been done are not permitted reasons.
How Can GAP HR Help You Identify A Reason For Declining A Flexible Working Request?
At GAP HR, our advice is tailored to the individual client. We work through the operational position with you, establish which grounds genuinely apply, and help you assemble the evidence to support them. Where no ground realistically applies, we will tell you that, and help you find a workable arrangement instead.
If you need advice on dealing with a flexible working request or any other area of HR practice, we would be delighted to help. All initial enquiries are free of charge and without obligation.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
