Employers can refuse a flexible working request, but only on one or more of the eight statutory business reasons. Since April 2024, the process requires mandatory consultation before any refusal, and the response deadline has been shortened. Simply saying "no" without proper consideration is not lawful.
The Eight Statutory Grounds
A request can only be refused because of:
- The 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 proposed working periods
- Planned structural changes
The Process
- Receive the request — must be in writing and state it is a statutory request
- Consult the employee — a face-to-face meeting to discuss the request and explore options (this step is now mandatory)
- Consider the request reasonably — look at how the arrangement could work, not just reasons it can't
- Respond within two months — in writing, either accepting or giving clear reasons for refusal based on one or more of the eight grounds
Common Mistakes
- Refusing without consulting the employee first
- Giving vague reasons (e.g., "it won't work") rather than citing specific statutory grounds with evidence
- Applying blanket policies that refuse all requests of a certain type
- Not considering alternative arrangements or compromises
- Treating flexible working requests from women returning from maternity leave less favourably — potential indirect sex discrimination
Discrimination Risks
Refusing flexible working can give rise to indirect discrimination claims — particularly on grounds of sex (women are more likely to request flexible working for childcare) or disability (reasonable adjustments may require flexible working). Employers must be able to justify the refusal as a proportionate means of achieving a legitimate aim.
Trial Periods
A good practice approach is to agree a trial period — accept the request temporarily, review how it works, and make a permanent decision based on evidence rather than assumptions.
Our HR advice line can help you handle flexible working requests correctly. Call us.