Refusing Flexible Working Requests: The 8 Valid Grounds

Employers can refuse flexible working requests, but only for specific business reasons. Understanding the 8 grounds and how to apply them correctly is essential to avoid tribunal claims.

The 8 Statutory Grounds

You can only refuse if ONE of these applies:

1. Burden of additional costs
2. Detrimental effect on ability to meet customer demand
3. Inability to reorganise work among existing staff
4. Inability to recruit additional staff
5. Detrimental impact on quality
6. Detrimental impact on performance
7. Insufficiency of work during the periods proposed
8. Planned structural changes

No other reasons are valid. You cannot refuse because:

• You don't like flexible working
• It's inconvenient
• You prefer everyone in the office
• Other employees might request it too

Ground 1: Burden of Additional Costs

What It Means

The requested arrangement would cost too much money.

When It Applies

Valid examples:

• Need to recruit additional staff to cover work (and budget doesn't allow)
• Significant technology costs for home working setup
• Increased overtime costs to cover reduced hours
• Additional premises costs (if need to maintain desk for part-time worker plus cover)

Invalid examples:

• Minor inconvenience costs
• Hypothetical costs that might occur
• Costs that would arise for any flexible working request

Evidence Needed

Concrete costings:

• How much would it cost?
• What specific costs?
• Why is this beyond what business can bear?

Example refusal:

"We would need to recruit an additional part-time employee to cover your reduced hours. The cost would be approximately £15,000 per year in salary plus recruitment costs. Given current budget constraints and recent reduction in revenue, this additional cost is not sustainable."

Pitfalls

Don't rely on this if:

• Costs are minor or within normal operating budget
• You haven't actually calculated the costs
• Costs are speculative

Ground 2: Detrimental Effect on Ability to Meet Customer Demand

What It Means

The arrangement would prevent you serving customers properly.

When It Applies

Valid examples:

• Customer-facing role needs coverage during specific hours
• Clients expect availability during times employee wouldn't work
• Service level agreements require staffing levels that wouldn't be met
• Peak customer demand times wouldn't be covered

Invalid examples:

• Minor inconvenience to customers
• Customers might prefer original arrangement (but could adapt)
• Theoretical impact with no evidence

Evidence Needed

Specific customer needs:

• What customer requirements exist?
• Why can't they be met with the proposed arrangement?
• Have you explored alternatives (e.g., handing some customers to colleagues)?

Example refusal:

"Your role involves managing key client accounts requiring availability Mon-Fri 9-5 for client calls and meetings. Our SLA guarantees same-day response. Reducing to 3 days/week would mean clients waiting up to 48 hours for responses on your non-working days, breaching our SLA and risking client relationships. We cannot redistribute these clients without compromising service quality."

Pitfalls

Don't rely on this if:

• Customer needs are flexible
• Other staff could cover
• Customers could adapt (e.g., different contact days)

Ground 3: Inability to Reorganise Work Among Existing Staff

What It Means

You can't redistribute the work to other team members.

When It Applies

Valid examples:

• Team is already at capacity
• Tasks are specialized and others don't have the skills
• Work volume genuinely requires full-time presence
• Redistribution would overburden colleagues unfairly

Invalid examples:

• Haven't tried to reorganise (but it's possible)
• Colleagues don't want to do extra work (without trying)
• Would require some reorganisation (minor reorganisation expected)

Evidence Needed

Analysis of work distribution:

• What tasks does employee do?
• Why can't they be redistributed?
• What's current team capacity?
• Have you genuinely explored redistribution?

Example refusal:

"We explored redistributing your responsibilities to the team. However, current team members are at capacity with their own roles, and your specialized technical knowledge cannot be replicated quickly. Training another team member would take 6 months. Without your full-time presence, critical projects would be delayed."

Pitfalls

Don't rely on this if:

• You haven't actually explored redistribution
• Minor reorganisation would solve it
• Could work with small adjustments

Ground 4: Inability to Recruit Additional Staff

What It Means

You've tried to recruit someone to cover the work but can't find anyone suitable.

When It Applies

Valid examples:

• Advertised for job share partner, received no suitable applications
• Recruitment has failed despite genuine efforts
• Skills shortage in the market for this role
• Location/salary makes recruitment impossible

Invalid examples:

• Haven't tried recruiting yet
• One failed attempt
• Unwilling to recruit (but it's possible)

Evidence Needed

Recruitment efforts:

• When did you advertise?
• Where?
• How many applications?
• Why were they unsuitable?

Example refusal:

"We advertised for a job-share partner three times over 6 months on [platforms]. We received 8 applications but none had the required qualifications. The specialized nature of the role and local skills shortage mean we cannot recruit additional staff to make this arrangement work."

Pitfalls

Don't rely on this if:

• Haven't actually tried recruiting
• Only advertised once
• Could offer more attractive terms

Ground 5: Detrimental Impact on Quality

What It Means

Quality of work or service would suffer.

When It Applies

Valid examples:

• Continuity essential for quality (e.g., complex projects requiring sustained focus)
• Knowledge gaps during absence would impact output
• Client relationships require consistent contact
• Quality control needs full-time oversight

Invalid examples:

• Speculative quality concerns
• Minor quality impact that's manageable
• Quality concerns that could be mitigated

Evidence Needed

How quality would suffer:

• Specific quality standards
• Why the arrangement threatens them
• Why mitigation isn't possible

Example refusal:

"Your role managing the quality assurance process requires daily oversight of production. Missing 2 days/week would create quality control gaps, risking defective products reaching customers. Previous part-time QA arrangements led to increased defect rates. Full-time presence is essential for maintaining ISO 9001 standards."

Ground 6: Detrimental Impact on Performance

What It Means

Performance of the business/team/employee would suffer.

When It Applies

Valid examples:

• Role requires real-time decisions that couldn't wait for non-working days
• Team performance depends on full-time presence for coordination
• Business performance would measurably decline
• Critical deadlines would be missed

Invalid examples:

• Hypothetical performance impact
• Minor inconvenience
• Performance concerns without evidence

Evidence Needed

Specific performance metrics:

• How would performance be measured?
• What's the expected impact?
• Why can't it be mitigated?

Example refusal:

"Your role coordinating the production schedule requires daily presence. Analysis shows that when you're absent, production delays increase by 15% due to decision-making gaps. Moving to 3 days/week would mean 40% of working days without essential coordination, significantly impacting our delivery performance and customer satisfaction scores."

Ground 7: Insufficiency of Work During Periods Proposed

What It Means

There isn't enough work during the times they want to work.

When It Applies

Valid examples:

• Seasonal business with no work during proposed period (e.g., term-time only when business is year-round)
• Request to work only evening shifts but work is primarily daytime
• Role is project-based with no work available at proposed times

Invalid examples:

• Some work available (even if less)
• Work could be found/created
• Theoretical work shortage

Evidence Needed

Work availability:

• When is work available?
• Why isn't there work during proposed times?
• Could work be reallocated to proposed times?

Example refusal:

"You've requested term-time only (39 weeks/year). However, our business operates year-round and your role requires continuous coverage. We have significant projects during August-September (school holidays). We cannot accommodate term-time only as we need the role filled 52 weeks per year."

Ground 8: Planned Structural Changes

What It Means

Business is planning reorganisation that affects this role.

When It Applies

Valid examples:

• Redundancy process underway affecting this role
• Department restructure planned within 3 months
• Office closure/relocation planned
• Role being redesigned as part of wider changes

Invalid examples:

• Vague future plans
• Changes that don't affect this specific role
• Using as excuse to delay decision

Evidence Needed

Specific plans:

• What changes are planned?
• When?
• How do they affect this role?
• Why does this make flexible working inappropriate now?

Example refusal:

"We are currently consulting on a restructure of the department, scheduled to complete in 8 weeks. Your role may be significantly changed or made redundant. It would be inappropriate to agree flexible working arrangements now when the role's future is uncertain. We'll reconsider your request once the restructure is complete."

How to Refuse Properly

Step 1: Identify Which Ground Applies

Choose ONE of the 8 grounds that genuinely applies to this specific request.

Step 2: Gather Evidence

Document why that ground applies. Concrete evidence, not speculation.

Step 3: Consult First

Mandatory: Meet with employee before refusing. Discuss concerns, explore alternatives.

Step 4: Write Refusal Letter

Must include:

• Which ground you're relying on
• Why it applies to this specific request
• Right to appeal
• Appeal deadline

Step 5: Offer Appeal

Allow employee to challenge the decision through appeal process.

Refusal Letter Template

Dear [Employee],

Flexible Working Request - Decision

Thank you for your flexible working request dated [date] and for attending the consultation meeting on [date].

After careful consideration, I must refuse your request to [describe request].

The ground for refusal is: [state which of the 8 grounds]

This ground applies because: [explain specifically why, with evidence]

If you wish to appeal this decision, please submit your appeal in writing within 14 days to [contact].

Yours sincerely,
[Manager]

Common Refusal Mistakes

Mistake 1: Using Non-Statutory Reasons

Wrong: "I refuse because it would set a precedent."

Right: Assess whether it genuinely fits one of the 8 grounds (e.g., inability to reorganise work if everyone requested it).

Mistake 2: Not Consulting First

Wrong: Refusing without meeting the employee.

Right: Mandatory consultation before refusal.

Mistake 3: Generic Refusal

Wrong: "It wouldn't work for the business."

Right: Specific ground with concrete evidence of why it applies.

Mistake 4: Refusing Due to Discrimination

Wrong: Refusing because "mothers working part-time are less committed."

Right: Only refuse for valid business reasons, never discriminatory assumptions.

Mistake 5: No Evidence

Wrong: "I think costs would increase."

Right: "Costs would increase by £X because [specific reasons]."

Discrimination Risks When Refusing

Indirect Discrimination

Risk: Refusals may disproportionately affect protected groups (women, disabled, older workers).

Protection: Ensure you have objective justification. Document genuine business reasons.

Reasonable Adjustments

If employee is disabled: Flexible working may be required as reasonable adjustment. Higher threshold to refuse than standard flexible working.

Alternatives to Outright Refusal

Modified Approval

Instead of refusing, offer alternative:

• Different days/hours
• Shorter reduction (4 days instead of 3)
• Trial period first

Trial Period

"I'm concerned about [issue]. Let's trial it for 3 months and review."

Phased Implementation

"Let's reduce to 4 days for 6 months, then reassess going to 3 days."

Key Takeaways

• Only 8 valid grounds for refusal
• Must genuinely apply to this specific request
• Evidence required - not speculation
• Consult first - mandatory since April 2024
• Document reasons clearly
• Watch for discrimination risks
• Consider alternatives before refusing outright
• Offer appeal process

Refusing flexible working requests requires care, evidence, and proper process. Get it wrong and you face tribunal claims and potential discrimination complaints.