Appealing rejected flexible working request

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer, and I would be happy to help you with this. Dealing with a rejected flexible working request can be really disappointing, but you do have options.

The short answer:

Yes, you can almost always appeal, and your employer should give you the opportunity to do so.

The legal position:

While the strict letter of the employment legislation does not explicitly use the word appeal, the officially recognised ACAS Code of Practice on flexible working makes it very clear that employers should allow you to appeal a rejection. Employment tribunals expect employers to follow this Code. If your employer refuses to let you appeal, it will reflect very badly on them if the matter ever escalates.

It is also worth knowing your current rights. Following changes in April 2024, you now have the right to request flexible working from your very first day of employment, and you can make two requests in any 12-month period. Employers are legally required to consult with you before rejecting a request, and they must deal with the whole process, including any appeal, within two months unless you both agree to an extension.

Finally, an employer cannot just say no because they do not like the idea. They can only reject your request if they rely on at least one of eight specific business reasons set out in law, such as the burden of additional costs, an inability to reorganise work amongst existing staff, or a detrimental impact on performance or customer demand.

Practical next steps:

1. Read your employer policy
Check your staff handbook, contract, or company intranet for a flexible working policy. This should tell you exactly who to send your appeal to and the deadline for doing so. Typically, you will have a short window, such as five to fourteen days, to appeal after receiving the rejection letter.

2. Draft your appeal in writing
Write a clear, polite letter or email stating that you wish to appeal. You should explain exactly why you think their decision was unfair or based on incorrect facts. Address the specific business reason they gave you. For example, if they said your absence would harm customer service, but you know phone lines are always quiet during the hours you want to drop, politely point that out.

3. Suggest a compromise or trial period
If your employer is nervous about the change, suggesting a temporary trial period of three or six months can be a highly effective negotiation tactic. It gives the business a chance to see that your proposal can work in practice without committing them permanently.

4. Attend the appeal meeting
Your employer should invite you to an appeal meeting to discuss your points. Ideally, this should be chaired by a more senior manager who was not involved in the original decision, though this is not always possible in very small businesses. You have the right to be accompanied to this meeting by a work colleague or a trade union representative.

5. Consider the discrimination angle
Think about whether the refusal puts you at a disadvantage linked to a protected characteristic under the Equality Act. For example, if you requested flexible working to care for small children and the request was rejected without very robust justification, this could potentially be challenged as indirect sex discrimination. Alternatively, if you have a health condition or disability and are asking for a change in hours as a reasonable adjustment, the employer is under a much stricter legal duty to accommodate you.

6. Explore external resolution
If your internal appeal fails and you believe your employer has completely ignored the correct legal process, based their refusal on incorrect facts, or discriminated against you, you can take things further. Your next step would be to contact ACAS to start Early Conciliation. This is a free dispute resolution service and is a mandatory step before you can take an employer to an employment tribunal.

I hope this gives you a clear path forward and helps you plan your next move. Please do let me know if you would like me to look at the specific reasons they gave for your rejection.