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Discussing your application

It may be that your employer agrees to your request to work flexibly simply on the basis of your application. If not, then your employer must meet you to discuss your application within 28 days of receipt, at a mutually agreed date. If the person who would usually consider your request is absent due to leave or illness, the 28 day time limit will normally run from when they return.

You are allowed to bring a fellow worker or workplace union representative to the meeting. They can talk with you and address the meeting, but they cannot answer questions on your behalf. If they are unable to attend the meeting, you should re-arrange it with your employer to take place within seven days of the cancelled meeting. Employers must allow their workers time off during work hours to act as a companion and pay them for this time.

• Introduction to trade unions

At the meeting your employer might suggest alternatives to the working pattern you asked for, or perhaps a trial period. It is up to you whether to agree to this. Bear in mind that your employer might be unable to agree to your application but may be able to agree a compromise.

If you cannot attend the meeting you should contact your employer as soon as possible to rearrange the meeting at a mutually convenient time. If you also fail to attend the rearranged meeting and do not provide a reasonable explanation, then your employer is entitled to treat your application as having been withdrawn and you will not be entitled to make another application for another year.

Your employer should make sure that they consider your request properly, being sure to avoid any possible discrimination (for example, sex discrimination).

• Sex discrimination and equal pay

Finding out the outcome

Your employer must let you know, in writing, their decision within 14 days of the meeting. If you and your employer agree, this time limit can be extended (for example, if your employer needs to speak to someone who's on holiday, or your employer is absent through illness after you've applied). If your request is accepted then the written notification should include: a description of the new working pattern, the date it is to take effect and must be dated. If it is rejected, then the notification should state the business ground(s) for refusing, provide an explanation as to why the business ground(s) applies in the circumstances, give details of your right to appeal and must be dated.

If your request is refused

If your request is refused, your employer must provide you with a written explanation of why it has been refused. They must give a reason from the eight set out in the law, along with an explanation of why that reason applies. The business reasons for refusing a request are:

• burden of additional costs
• detrimental effect on 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
• planned structural changes
  

Appealing your employer's decision

You're also entitled to appeal. Your employer must hold a meeting to discuss the appeal within 14 days of you giving notice of your appeal. You may be accompanied to the meeting with a fellow worker or union representative. Your employer must notify you in writing of their decision within 14 days of the meeting.

You can appeal your employer’s decision to allow you to work flexibly on a number of grounds. It may be that you wish to bring your employer’s attention to something they may not have been aware of when they rejected your application, eg that another member of staff is now willing to cover the hours that you no longer wish to work.  Or it may be to challenge a fact your employer has quoted to explain why the business reason applies. However, you have no right to make a complaint where you simply disagree with the business grounds provided for declining your request.

If you want to appeal then you should agree a date for your appeal meeting with your employer. If you are unable to attend this meeting you should let your employer know as soon as possible and re-arrange the meeting. If you miss two appeal meetings, without good reason, then your employer will be entitled to consider your appeal as withdrawn.

If your appeal is refused

If your appeal is refused, check with your employer that there hasn't been a misunderstanding of the procedure or facts. If there hasn't, you can complain under the grievance procedure in your employment contract.

• Grievance procedures: an introduction

You can also take your employer to an Employment Tribunal or, if you and your employer prefer, take the matter to arbitration. You can make this type of formal complaint if your employer has failed to follow the procedure properly (for example, by not holding meetings with you or by rejecting your application on the basis of incorrect facts).

• How to resolve a problem at work
• Mediation in workplace disputes
• Employment Tribunals: an introduction

What to do if you have problems

The law protects you if you are dismissed or made to suffer a detriment (for example, refusal of promotion or training) as a result of applying for, being granted or complaining about flexible working arrangements. If this happens, you have the right to complain to an Employment Tribunal.

• How to resolve a problem at work

For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.

• Employment contacts
• Introduction to trade unions

More useful links

• Interactive help to find out whether you qualify for flexible working
• What flexible working pattern suits your needs? Interactive help
• Advice for employers on the benefits of flexible working from Business Link Opens new window
• Advice for employers in Northern Ireland on the benefits of flexible working from nibusinessinfo Opens new window