Managing requests and reasons for refusal
How to handle applications fairly, lawfully and with confidence
Hold a meeting with the employee to discuss the request promptly, unless it will be approved without discussion.
Consider the advantages and disadvantages carefully before deciding.
Consult with the employee before any refusal, as this is now a legal requirement.
Confirm the decision in writing and ensure the process is completed within two months, including any appeal.
It's good practice to allow the employee to be accompanied by a colleague or trade union representative.
Follow the updated ACAS Code of Practice (2024), as tribunals can take it into account.
An employer can refuse a request, but only on one or more of the eight statutory grounds:
Refusals must be specific, evidenced and clearly documented. Vague explanations leave employers vulnerable to legal challenge.
Refusing a woman’s flexible working request can amount to indirect sex discrimination, since women are more likely to have childcare responsibilities.
Tribunals accept that unpredictable or inflexible hours can put women at a particular disadvantage, unless the employer can objectively justify the requirement.
Risks are not limited to sex discrimination – similar claims can arise in relation to age, disability, or religion/belief.
Employers should carefully consider requests from the outset, explore alternatives, and document their reasoning.
Ms Glover, returning from maternity leave, requested to work three fixed days.
The employer initially refused and offered four flexible days instead, which clashed with her childcare.
Although the employer later agreed to her original request, the Employment Appeal Tribunal ruled that she had still been placed at a disadvantage when her request was refused at appeal.
The case was sent back to the tribunal to assess the disadvantage, but it shows that changing a decision later will not undo earlier discriminatory treatment.
The statutory process applies in full, and any refusal still must fall under one of the eight business grounds.
As mentioned with the previous case, employers must also consider discrimination law. Refusing a request may amount to indirect sex discrimination.
In the case of British Airways v Starmer, the refusal of a reduced-hours request was also found to be discriminatory.
A collaborative approach is safest. Consultation, trial periods and well-documented decisions reduce risk and support retention.
If multiple requests arrive at once, assess each on its own merits and explain decisions clearly. Transparency avoids resentment.
Explore alternatives before refusing, such as a partial change, a different pattern or a trial period.
Keep thorough records of meetings, evidence considered and the final decision. This creates a clear audit trail.
Offer an appeal process even though it is not legally required. Appeals show fairness and can resolve issues early.
