Appealing Flexible Working Decisions: Employee Rights

If your flexible working request is refused, you have options. This guide explains internal appeals, when you can claim at tribunal, and how to challenge decisions effectively.

Internal Appeal Process

Not Legally Required, But Common

There's no legal requirement for employers to offer an internal appeal.

But: Most do as good practice. Check your employer's policy or the refusal letter.

Why Appeal Internally First

Benefits:

• Quick resolution (within the 2-month overall deadline)
• No cost
• Maintains working relationship
• May succeed (second look by fresh decision-maker)
• Required before some tribunal claims

If internal appeal available, use it first.

How to Appeal

Step 1: Check the Deadline

Refusal letter should state appeal deadline (typically 14 days).

If not stated: Appeal within 14 days of refusal to be safe.

Step 2: Write Your Appeal

Must be in writing (email is fine).

Include:

• That you're appealing the decision
• Date of original refusal
• Grounds for appeal (why refusal was wrong)
• Any new information

Example:

"I am writing to appeal the decision to refuse my flexible working request dated [date].

I believe the refusal ground 'inability to reorganise work among existing staff' does not apply because [explain why]. During the consultation, I proposed how work could be redistributed, but this wasn't addressed in the decision.

I request that the decision be reconsidered."

Step 3: Appeal Meeting

Employer should invite you to an appeal meeting.

Who hears it: Ideally a different manager (not the original decision-maker).

What happens:

• You explain why refusal was wrong
• Present any new information
• Manager reviews original decision
• Considers your points

Step 4: Appeal Outcome

Within 2-month overall deadline (from original request date).

Possible outcomes:

1. Appeal upheld - request approved
2. Modified approval - alternative arrangement offered
3. Appeal rejected - original refusal stands

Grounds for Appeal

Procedural Failures

Employer didn't follow process:

• Didn't consult before refusing
• Missed 2-month deadline
• Didn't give proper reasons
• Relied on non-statutory ground

Factual Errors

Refusal based on wrong information:

• Misunderstood the request
• Incorrect facts about role/work
• Evidence doesn't support the ground cited

Inadequate Consideration

Didn't properly consider:

• Failed to explore alternatives
• Didn't assess business impact fairly
• Didn't consider modifications

New Information

Circumstances have changed:

• Business situation improved
• Additional resource now available
• Alternative solution found

Employment Tribunal Claims

When You Can Claim

You can only claim for procedural failures:

• Employer refused for reason other than the 8 grounds
• Employer didn't consult before refusing
• Employer didn't respond within 2 months
• Employer didn't follow proper procedure

You CANNOT claim just because:

• You disagree with the refusal
• Employer refused for a valid business reason
• You think the decision was wrong

Time Limits

Must claim within 3 months (minus 1 day) of:

• The date of refusal, OR
• End of appeal process, OR
• 2-month deadline passing with no response

Example: Refused 1 April, must claim by 30 June.

ACAS Early Conciliation

Before claiming: Contact ACAS for early conciliation.

Process:

• Free service
• ACAS tries to resolve dispute
• Takes 1 month typically
• Pauses tribunal time limit

If no resolution: ACAS issues certificate, you can proceed to tribunal.

What You Can Win

Compensation: Up to 8 weeks' pay.

Pay capped at £700/week (as of 2025) = maximum £5,600.

Note: Tribunal CANNOT order employer to grant your request, only award compensation for procedural failure.

Discrimination Claims

Separate from Flexible Working Claim

If refusal is discriminatory, you can claim under Equality Act 2010.

Grounds:

• Indirect sex discrimination (disproportionately affects women)
• Disability discrimination (failed to make reasonable adjustment)
• Age discrimination
• Other protected characteristics

Higher Compensation

No cap on discrimination compensation.

Can include:

• Financial loss
• Injury to feelings
• Interest

Much more serious for employer than flexible working claim.

Time Limit

3 months (minus 1 day) from refusal.

ACAS early conciliation required first (pauses time limit).

Examples of Successful Appeals

Example 1: Inadequate Consideration

Original refusal: "Inability to reorganise work among existing staff."

Appeal ground: "No attempt was made to explore job share or redistribution. Meeting lasted 10 minutes with no genuine discussion."

Outcome: Appeal upheld, employer properly considers alternatives, request approved.

Example 2: Wrong Facts

Original refusal: "Detrimental effect on customer demand - clients need daily contact."

Appeal ground: "My role is project management with weekly check-ins, not daily client contact. The refusal misunderstood my responsibilities."

Outcome: Appeal upheld, facts corrected, request approved.

Example 3: Procedural Failure

Original refusal: No consultation meeting held, just email refusal.

Appeal ground: "Employer failed to consult as required since April 2024."

Outcome: Appeal upheld, proper consultation held, request reconsidered.

Tips for Successful Appeals

Tip 1: Act Quickly

Appeal within stated deadline. Late appeals may be rejected.

Tip 2: Be Specific

Clearly state why refusal was wrong. Vague appeals ("I disagree") don't work.

Tip 3: Provide Evidence

If employer got facts wrong, provide evidence of correct position.

Tip 4: Suggest Solutions

If concern is valid, suggest how it could be addressed (trial period, modified arrangement).

Tip 5: Stay Professional

Keep tone professional, not emotional. Focus on facts and process.

Tip 6: Prepare for Meeting

If appeal includes a meeting, prepare your points clearly.

What If Appeal Fails?

Options

1. Accept the decision

• Continue in current role
• Request again in 12 months (if within 2-per-year limit)

2. Consider discrimination claim

• If refusal was discriminatory
• 3-month time limit

3. Consider tribunal claim

• If proper process wasn't followed
• 3-month time limit
• ACAS early conciliation first

4. Negotiate informally

• Try to agree alternative arrangement outside statutory process

5. Look for new role

• Find employer who can accommodate your needs

Key Takeaways

• Internal appeal not legally required but most employers offer it
• Appeal in writing within deadline (usually 14 days)
• State clearly why refusal was wrong
• Tribunal claims only for procedural failures, not just disagreeing
• 3-month time limit for tribunal claims
• Discrimination claims separate - no compensation cap
• ACAS conciliation required before tribunal
• Max compensation £5,600 for flexible working claim
• Cannot force employer to grant request via tribunal

Appeals are worth pursuing if you believe the refusal was procedurally flawed or based on incorrect information. Know your rights but also know the limits of what tribunals can order.