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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

If you are an employer find out more about flexible working: the law and best practice on the Business Link website.

• Advice for employers on flexible working Opens new window

Agreeing your application

Your employer might simply agree to your request to work flexibly. If your employer does, 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 trade union representative to the meeting. They can talk with you and address the meeting, but they cannot answer questions on your behalf. If they cannot make the meeting, you should rearrange it with your employer. The rearranged meeting should 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 If you do not, your employer can treat your application as withdrawn.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).

• Sex discrimination and equal pay

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 rejection

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

If you want to appeal, you should tell your employer as soon as possible.

• Download Form FW (D): Flexible working appeal template letter (RTF, 11K)

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 to appeal. They must agree the date with you.

You have the right to be accompanied to the meeting with a fellow worker 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 to do if you have problems

You may be able to make a complaint to an Employment Tribunal if:

• your appeal is refused, but you still believe you have grounds for an appeal
• you are dismissed or suffer detriment (eg refused a promotion or pay rise) because of your application
• your employer didn’t follow the correct process when handling your application

Before making a claim to an Employment Tribunal, you should try to resolve the problem with your employer.

• How to resolve a problem at work