My flexible working request was refused, what can I do?

The Employment Relations (Flexible Working) Act 2023 reformed the flexible working regime with effect from 6 April 2024. All employees (not just those with 26 weeks' service as previously) now have the right to make a flexible working request from the first day of their employment. Employees can make up to two requests in any 12-month period.

Your employer must deal with the request within two months (including any appeal), consult with you before refusing, and can only refuse for one or more of the following eight statutory reasons: the burden of additional costs; detrimental effect on the 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; or planned structural changes.

If your employer refuses without following the correct procedure, fails to give a statutory reason, or gives a reason that is not genuinely applicable, you can bring a tribunal claim for up to 8 weeks' pay as a remedy.

Additionally, a blanket refusal of flexible working may constitute indirect sex discrimination under the Equality Act 2010 if the policy disproportionately disadvantages women (who statistically bear more caring responsibilities) and the employer cannot justify it. This is a separate, potentially more valuable, claim.

Always put your request in writing, including the proposed changes and how the employer's business might accommodate them. Keep a record of all communications.