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Flexible working: the outcome of your application

If you have the right to request flexible working and you have made an application,your employer must consider your application. Find out what business reasons they should think about and the steps they should follow.

Considering your application

Your employer must consider your request on business grounds. They can only reject your application for one of the following business reasons:

  • burden of additional costs
  • detrimental effect on ability to meet customer demand
  • inability to reorganise work among existing staff
  • inability to recruit additional staff
  • detrimental impact on quality
  • detrimental impact on performance
  • insufficiency of work during the periods the employee proposes to work
  • planned structural changes

Agreeing your application

Your employer might simply agree to your request to work flexibly. If your employer does, then they should write to you within 28 days setting out:

  • the agreed changes to your employment contract
  • the date you will start your new working pattern

Discussing your application

If your employer does not agree to your request, they should have a meeting with you to discuss their reasons.

Arranging the meeting

The meeting must happen within 28 days of your employer receiving your application. You should both agree to the date.

If the person who would usually consider your request is away from work, the 28 day time limit will start when they return.

You are allowed to bring a colleague or workplace union representative to the meeting. They can talk with you and address the meeting, but they cannot answer questions on your behalf. If they are unable to attend the meeting, you should re-arrange it with your employer to take place within seven days of the cancelled meeting.

Your employer must allow your colleague paid time off during work hours to go to the meeting with you.

If you cannot attend the meeting, you should contact your employer as soon as possible to rearrange.

If you fail to attend the rearranged meeting, you must provide a reasonable explanation. If you do not, your employer can treat your application as withdrawn. You will not be entitled to make another application for one year.

Holding the meeting

At the meeting, your employer might make some suggestions about your request. For example, they might suggest an alternative working pattern or a trial period. It is up to you whether you agree to this. Remember, your employer might be unable to agree to your application but may be able to agree a compromise.

Your employer should consider your request properly, making sure they do not discriminate against you (for example, sex discrimination)

Finding out the outcome

Your employer must let you know, in writing, their decision within 14 days of the meeting. This time limit can be extended if you and your employer agree.

If your request is accepted, your employer should write to you and include:

  • the date they are writing to you
  • a description of your new working pattern
  • the date it will start

If your application is rejected, then the written notification should include:

  • the business ground(s) for refusing
  • an explanation why the business ground(s) apply to your application
  • details of your right to appeal
  • the date your employer is writing to you

Appealing your employer's decision

You have the right to appeal your employer's decision. You can do this on a number of grounds, including:

  • to bring something to your employer's attention they may not have been aware of when they rejected your application
  • to challenge a fact your employer used in applying their business grounds for refusing your request

You cannot appeal if you simply disagree with the business grounds for refusing your request.

If you want to appeal, you must appeal in writing within 14 days of the date of notification of the employer's decision.

Holding an appeal meeting

Your employer must hold a meeting with you to discuss your appeal. They should do this within 14 days of you telling them you want an appeal. They must agree this date with you.

You have the right to be accompanied to the meeting with a colleague or trade union representative. Your employer must notify you in writing of their decision within 14 days of the meeting.

If you cannot attend the meeting, tell your employer as soon as possible and rearrange the meeting. If you miss two appeal meetings, without good reason, your employer can consider your appeal withdrawn.

What happens if your appeal is refused?

If your appeal is refused, check with your employer that there hasn't been a misunderstanding of the procedure or facts. If there hasn't, you can complain under the grievance procedure in your employment contract.

You can also take your employer to an Employment Tribunal or, if you and your employer prefer, take the matter to arbitration. You can make this type of formal complaint if your employer has failed to follow the procedure properly, like not holding meetings with you or by rejecting your application on the basis of incorrect facts.

What should you do if you have problems?

The law protects you if you are dismissed or discriminated against as a result of applying for, being granted or complaining about flexible working arrangements. Examples of this could be not being promoted or sent on training courses. If this happens, you have the right to complain to an Employment Tribunal.

Find out more about trade unions.

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