Refusing a flexible working request
Reasons employers may refuse a flexible working request and how this must be communicated to the employee.
If you decide that you cannot accommodate any kind of flexible working for an employee, you must write to them:
- stating which of the listed business ground(s) apply as to why you cannot accept the request
- providing an explanation of why the business reasons apply in the circumstances
- setting out the appeal procedure
This written notice must be dated.
The business grounds for rejecting a flexible working request
You can only reject a flexible working request on a limited number of set grounds.
These are:
- planned structural changes
- burden of additional costs
- detrimental impact on quality
- inability to recruit additional staff
- detrimental impact on performance
- inability to reorganise work amongst existing staff
- detrimental effect on ability to meet customer demand
- insufficient work for the periods the employee proposes to work
Explaining your refusal of a flexible working request
In your written refusal of a flexible working request, you must explain why the business ground applies in the circumstances. If an employee understands why a business reason is relevant, they are more likely to accept the outcome and be satisfied that you have considered their application seriously - even if it isn't the outcome they wanted.
You do not have to go into a lot of detail, but you should include the key facts about why the business ground applies.
If you decide to reject a flexible working application based on incorrect facts, this will give the employee grounds to make a complaint to an industrial tribunal.
See form FW (C): Flexible Working Application Rejection Form in the Labour Relations Agency's (LRA) guidance and templates on .