Refusing a flexible working request can be entirely lawful, and no employer is obliged to agree to every application it receives. That said, the law does require employers to handle requests properly, and it is the handling rather than the decision itself that most often causes problems. An employer with a perfectly sound commercial reason for refusing a flexible working request can still lose a tribunal claim by getting the process wrong.
Keeping clients out of employment tribunals has been the central purpose of GAP HR since we were established, and procedural failures of this kind are exactly the sort of avoidable risk we exist to remove. We support employers through the whole process, so that a decision to refuse a flexible working request is properly made, properly recorded, and justifiable.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Should You Do Before Refusing A Flexible Working Request?
Since April 2024, employers must consult the employee before rejecting a request. This is a legal requirement rather than a matter of good practice, and skipping it is one of the clearest ways to expose your business to legal proceedings.
Consultation in this context usually means meeting the employee to discuss their application. You should be prepared to discuss the request and consider whether it could work, whether an alternative arrangement might meet the business’s and employee’s needs, and whether a trial period would help establish the position. A meeting held when a decision has already been made is unlikely to be regarded as meaningful consultation.
How Should You Communicate The Decision?
You must communicate your decision to the employee in writing within the two-month decision period (which includes any appeal), unless the employee has agreed to an extension.
At present, a refusal should identify the business ground being relied upon and explain how it applies to the request in question. There is no statutory right of appeal, but offering one is strongly advisable. It gives the employee a route to challenge the decision internally, and it can help demonstrate that you handled the matter reasonably.
How Does The Employment Rights Act 2025 Change The Refusal Process?
The Employment Rights Act 2025 will raise the standard applied to refusals, with the relevant provisions expected to commence in 2027.
When the law changes, a refusal will need to be reasonable. The permitted business grounds will become the entry criteria rather than the whole test, so relying on a valid ground will no longer be sufficient on its own.
Employers will be required to explain in writing why they consider the refusal to be reasonable, and regulations will set out the consultation steps that must be followed beforehand. In addition, Tribunals will be able to examine whether the decision itself was reasonable rather than confining themselves to the process. Employers who already record their operational reasoning should adapt to this comfortably. Those who do not will likely find the transition trickier.
What Happens If You Do Not Handle A Flexible Working Request Properly?
An employee can bring a tribunal claim where the employer has failed to deal with their flexible working request in a reasonable manner, has not consulted with them before refusing, has relied on a ground outside the permitted list, or has failed to notify the decision in time. A tribunal can order the employer to reconsider the request and can award compensation of up to eight weeks’ pay, capped at the statutory limit.
Where a refusal disadvantages an employee because of a protected characteristic, the employee may bring a discrimination claim. Compensation in successful discrimination claims is uncapped, and awards for injury to feelings can be substantial. Tribunals can adjust awards by up to 25% where the employer unreasonably ignored the ACAS Code. Mishandled requests can additionally contribute to a constructive dismissal claim where the employee resigns as a result.
What Practical Steps Can You Take To Reduce The Risk?
Employers can take several steps to reduce the risk of facing legal proceedings for refusing a flexible working request. They include:
- Acknowledging the request promptly.
- Diarising the deadline.
- Holding a meaningful meeting with the employee.
- Keeping a written record of what was discussed.
- Considering alternatives seriously and noting why any were or were not workable.
- Setting out your reasoning in the decision letter in terms specific to the request.
- Offering an appeal.
- Retaining the documentation.
How Can GAP HR Support You In Refusing A Flexible Working Request?
At GAP HR, we specialise in protecting small businesses from employment law risks. We can advise on whether a proposed refusal is defensible, help you consult properly, and draft decision letters that set out your reasoning in a way that will withstand scrutiny. Where an appeal is submitted, we can guide you through that too.
Every initial enquiry is free of charge and comes without obligation, so there is nothing to lose by talking to us before you respond. Contact us to make an enquiry, and we will be delighted to help you.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
