When an employer declines a flexible working request, it can be a frustrating experience for employees who have carefully considered their needs and submitted a formal application. In the United Kingdom, flexible working arrangements have become an increasingly important part of modern employment, allowing individuals to balance professional responsibilities with personal commitments such as childcare, health needs, or other life circumstances. While employees have the right to request flexible working from their first day of employment under statutory provisions, there is no automatic legal right to appeal a refusal. However, many employers adopt fair processes that include an appeal stage, often guided by recommendations from the Advisory, Conciliation and Arbitration Service (Acas). This article provides a detailed, factual overview of the appeal process, drawing solely on the provided source materials, and includes guidance on how to structure an appeal letter using available templates.
The sources indicate that if a flexible working request is refused, the employer may or may not offer an appeal. Acas, an independent public body, recommends that employers should allow appeals in certain circumstances, such as when new information emerges or if their policy or the Acas Code of Practice was not followed. The Acas Code of Practice on flexible working requests, updated from 6 April 2024, influences how employers handle these disputes. Employees should check their employer's refusal letter or flexible working policy for details on appeal rights and any time limits or formalities. If no appeal is explicitly offered, it may be worth asking the decision-maker directly. The appeal process, if available, typically requires the employer to make a final decision within two months of the original request, though this can be extended by mutual agreement in writing.
For those preparing an appeal, several templates are available to help structure the letter. These are designed as starting points and should be personalised with specific facts about the employee's role, responsibilities, and circumstances. The appeal letter should explain the grounds for appeal, provide any new information, and request reconsideration. It is advisable to be factual and objective, focusing on how the arrangement could benefit both the employee and the organisation. Templates often include sections for the employee's details, reference to the original request and refusal, and a clear statement of what is being appealed.
One common template structure begins with the employee's name, address, and contact details, followed by the date and the employer's details. The letter should address the recipient appropriately, such as "Dear Mr./Mrs./Ms. [Name]" or to the Human Resources Department. The subject line should clearly state the purpose, for example, "Appeal of Flexible Working Request Refusal." The body of the letter typically starts by acknowledging the refusal and expressing understanding of the reasons provided, while politely stating the intention to appeal. It should then outline the specific flexible working arrangement requested, such as adjusted hours or remote working days, and reference the original request date and the refusal date.
To strengthen the appeal, employees are encouraged to include any additional details not previously submitted. For instance, if circumstances have changed since the initial request or if new evidence supports the feasibility of the arrangement, this should be highlighted. The templates suggest mentioning discussions with line managers or supervisors who may be supportive, as well as explaining how the changes could enhance productivity or focus. It is important to address the business reasons for refusal, such as peak demand periods in certain departments, and propose solutions or compromises that mitigate any potential impact on operations.
In cases where the employer's policy or Acas Code may not have been followed, the appeal can point this out. For example, if the refusal lacked sufficient business reasons or did not consider the request properly, this could form part of the appeal grounds. The sources note that Acas recommends employers hear appeals based on such issues. Employees should ensure compliance with any stipulated procedures, such as submitting the appeal in writing within a specified timeframe, often within 14 to 28 days of the refusal.
The provided templates are versatile and can be adapted for various types of flexible working requests, whether for part-time hours, compressed hours, flexitime, or remote working. They are suitable for use in small businesses or larger organisations, as confirmed in the source material. However, it is emphasised that these are not legally binding documents but rather tools to facilitate a constructive dialogue. The ultimate goal is to explore a mutually beneficial solution, and the appeal letter should reflect a collaborative tone.
For employees who have already made two statutory requests in the last 12 months, a non-statutory request may be an alternative, though this would not carry the same procedural requirements. The appeal process for non-statutory requests would depend on the employer's discretion and internal policies. In all cases, maintaining professionalism and clarity in communication is key.
If an appeal is successful, the employer will confirm the new arrangement in writing. If unsuccessful, the decision is final, and the employee may need to consider other options, such as discussing alternative arrangements or seeking advice from Acas or a trade union. It is worth noting that while the templates are based on UK employment practices, they should be reviewed for compliance with the latest regulations, especially given the updated Acas Code from April 2024.
In summary, while there is no statutory right to appeal a declined flexible working request, many employers provide this opportunity as part of fair treatment. Employees should use the available templates to craft a clear, evidence-based appeal letter, personalised to their situation, and submit it within any specified deadlines. By doing so, they can effectively present their case and work towards a resolution that supports both their personal needs and the employer's business objectives.