Denied Flexible Working in the UK? Explore Your Rights

Introduction

Have you recently had your flexible working request denied by your employer? It’s essential to know your rights and the steps you can take to address this situation effectively. This guide will walk you through the process, from understanding your employer’s refusal to exploring your options for appeal or further action. If you find yourself needing additional support, Contend’s highly trained AI legal experts are here to help you navigate your legal challenges with ease. Contend is the Easiest Legal Help in the UK, ensuring you understand and resolve your legal issues confidently.

If you’ve asked your employer for flexible working hours and they’ve turned you down, it’s important to know your rights and options. Here’s a simple guide to help you navigate this situation.

Understanding the Refusal

When your request for flexible working is denied, your employer is required to provide you with a written explanation. This should include the reasons for their decision and information about their appeals process, if they have one.

Consider an Appeal

If your employer has an appeals process, it’s usually best to use it. If they don’t have one, you can raise a grievance or simply ask them to reconsider their decision. For more details on how to raise a grievance, check your company’s policies or speak with your HR department.

Taking Further Action

If your employer stands by their decision, you may have the option to take your case to an employment tribunal. However, keep in mind that this process can be lengthy and stressful, so weigh your options carefully.

Stay Professional

While you’re working through this situation, it’s crucial to continue working your regular hours. If you don’t, your employer might use that as a reason to dismiss you.

When Can You Go to an Employment Tribunal?

Applying to an employment tribunal is free, but it’s essential to understand your rights and the type of request you made:

1. Statutory Request: If your request followed the legal guidelines, you can appeal to the tribunal if:
2. Your employer didn’t make a decision within three months (unless you agreed to a later date).
3. They didn’t handle your request reasonably.
4. They didn’t provide a valid reason for the refusal.
5. They discriminated against you in their decision.
6. Informal Request: If your request was informal, you can only take action if you believe discrimination was involved.

Time Limits

You have three months minus one day from the date of the refusal to start your tribunal application. If you’re challenging discrimination, the clock starts ticking immediately. If you’re disputing a statutory request, the time limit begins when your employer makes a final decision.

What Counts as a Reasonable Decision?

The tribunal will assess whether your employer handled your request reasonably. This means they should have carefully considered your request and discussed it with you if necessary. For more details, check the Acas Code of Practice on Flexible Working Requests.

Valid Reasons for Refusal

Your employer must provide one of the following valid reasons if they deny your request:

• It would negatively impact job performance.
• It would incur extra costs for the business.
• It would reduce quality or standards.
• They would struggle to meet customer demand.
• They would have difficulty hiring additional staff.
• They can’t reorganize work among colleagues.
• There isn’t enough work during the requested hours.
• Upcoming changes in the business structure would conflict with your request.

If they fail to provide a valid reason or if their reason seems untrue, you may have grounds to take them to an employment tribunal.

Discrimination Claims

If you believe your employer discriminated against you based on your identity (such as gender or disability) when denying your request, you can file a discrimination claim. This could be the case if your request was related to caregiving responsibilities or if you needed reasonable adjustments due to a disability.

What If You’re Treated Unfairly?

If your employer dismisses you because you made a statutory request for flexible working, this is considered an automatically unfair dismissal, regardless of how long you’ve worked there. If you feel you’ve been treated unfairly, known as “subjecting you to a detriment,” you can take action against your employer.

Making a Claim

If you decide to pursue a claim with an employment tribunal, make sure to check the steps involved in the process.

Final Thoughts

Facing a refusal to your flexible working request can be frustrating, but understanding your rights and the appropriate steps can help you navigate the situation more effectively. If you need further assistance, don’t hesitate to try Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.

For more info, check out some of our related articles:

• Flex Hour Jobs in the UK: Your Guide to Flexible Working
• UK Guide: Request Flexible Working for Better Work-Life Balance
• UK Guide: Securing Flexible Hours Jobs & Handling Denials
• Challenge Unfair Dismissal in the UK: Expert Legal Guide
• Refusing Suitable Alternative Employment: Know Your Rights in the UK