If your request for flexible work has been denied, you have several options: Even if you work in a large organization with good written guidelines, individual managers can still be dismissive as to whether flexible working “will work here”. They may lack experience in managing flexibility, have struggled with it in the past, or simply think they don`t have enough resources to implement it. Busy managers can also resist any change that they believe could disrupt or increase their own workload. Employees may demand flexibility, but that doesn`t mean their employers are legally required to provide it. Lawyers say this causes a “flexidus” of women who resign. Whatever action you take, after your flexible work request is denied, stay calm, explain your situation and your next request may be accepted. If you are undergoing a restructuring or layoff, these are legitimate reasons to refuse a request for flexible work. Note: The above information is based on the UK`s position on flexible working. There is an ACAS guide that outlines what employers/employees should do. It may be helpful to check that your employer has followed the required procedures and help you with your subsequent arguments if your employer dismisses your appeal.

While it is not illegal for your employer not to do these things (the code uses the word “should” for things that are recommended but not required by law), a court would consider whether the employer followed these steps. A department head or customer-facing manager wants to work two days a week. Will customers suffer from the absence of this employee three days of the work week? If you are not hiring for the remaining three days and the reduction in working hours would negatively affect your customers, you can decline the request. This is a reason for rejection that we often see when clients call our advice line. If you have a call session on your flexible work request, a third party may be present. In most cases, this is another manager of the company, but it must be someone who had no influence on the request and has nothing to do with the outcome of your request. In principle, it should not be important to the third party whether your application is approved or denied. You should also have the power to make the final decision. This means that the appeal procedure for flexible working hours and everything else is fair. But if employers today have little legal reason to reject flexible work requests, what recourse do women like Karina and Jemima have? Under the Employment Rights Act 1996, workers with at least 26 weeks of continuous service have the right to request flexible working hours. The law also lists eight business reasons why employers can reject such requests.

There is a right of appeal, Ormond confirmed, but it is a complicated last resort for many employees. “An appeal does not require the employer to prove his reasoning. So instead of going to an employment court, people suck it in and end up looking for another job that suits more flexible working,” she added. If your request for flexible work has been denied, it can be a bitter pill to swallow. You`re probably wondering what to do next. What are your options? Are you looking for a new job? Are you continuing to work in your current role and can you cope with the current situation? While you may feel like you don`t have options right now, you`re not. Below, we`ll look at why your request for flexible work may have been denied, and then what options are available to you in the future. An employee may be able to sue if you have denied their request for flexible work without following the established procedure. Under the Employment Rights Act, your employees can file a claim if you: There is no legal right to appeal against a flexible work request, but you should check with your employer to see if they allow appeals.

Even if they don`t say they allow calls, you should still appeal. In addition, Moorepay customers who would like advice on any aspect of flexible working can contact our advice hotline on 0345 073 0240. If your request for flexible work has been denied, it can be a bitter pill to swallow. You`re probably wondering what to do next. What are your options? U.S. employers are not required by law to provide flexible work or work from home unless the reason is that someone has or cares for a person with a disability, said Brett Schneider, partner and president of the labor and employment division of the law firm Weiss Serota Helfman Cole & Bierman. If you refuse a request for flexible work, you must be able to justify it by at least one of the above reasons. Your businesses should have a procedure in place on how you can file a formal complaint. Make sure you understand what it is and follow it correctly.

During the complaint procedure, you should provide as much detail as possible. Provide information about your flexible work request, why you submitted it, etc. Next, provide additional information about your flexible working preferences that were not mentioned in the first application. Also, clearly explain why you believe the company did not follow its guidelines and why you believe there was discrimination or wrong decision. If that doesn`t work out and you still feel you haven`t been treated fairly, a workers` tribunal is the last option. Consider getting advice, either from their guides or by calling Citizen Advice, it`s a big step and you want to be fully informed. This is for informational purposes only and is not a substitute for legal advice and should not be construed as such. All content was correct at the time of publication and we cannot be held responsible for any changes that may invalidate this article.

Your employer is not obliged to offer you another job. Your right is to request flexible work in your original job. You should carefully consider your employer`s reasons – it`s not enough for them to say it`s full-time, there has to be a valid business reason. There is no legal right that obliges employers to offer flexible work, only for employers to seriously consider applications. Even if you have legally rejected a request for flexible work, you still run the risk of your employee leaving your company. Since many employers are currently struggling to recruit suitable employees, some offer flexible working to attract more candidates. Your employees can choose a company that offers them more favorable work rhythms. “Flexibility and diversity go hand in hand — you can`t be an inclusive employer if you require everyone to come to the office five days a week,” Willetts said. “And men and women need access to flexible working to create more equality at home and close the gender pay gap.” Employers should consider applications appropriately and may only refuse them if there is a good business reason to do so. ACAS has published a legal code of conduct for the processing of applications in order to work flexibly. The law allows an employer to reject a request for flexible work for eight business reasons: But that changed last month when their agency`s executives decided it was time to bring everyone together in person, on behalf of clients, culture and collaboration. Karina`s request to keep her four-day remote arrangement did not go beyond HR.

But after proving that she works just as productively from home, Karina has managed to negotiate two days a week at the office – albeit on days when she has to be late and leave early to have her children looked after. For tips on making the right case for your employer on the call, check out our article on negotiating flexible work schedules. If your employer insists that flexible working is something they will never offer. Their position is too important for the company to offer, for example. Maybe it`s time to look for a new role. You can search within the company and ask your employer to help you find a position that suits both of you. However, if your employer isn`t open to flexible hours at all, it may be time to look elsewhere. If you decide to look into roles at other companies, it`s a good idea to let them know about your situation.

Discuss flexible working opportunities at their company and see how they feel. The last thing you want is to change jobs and not be in a better position than before. In some circumstances, you and your employer may not be able to agree on a flexible work model. If you think there was no good reason why your flexible work request was not approved. Or if you believe discrimination played a role in any way, a complaint can be filed. An informal complaint is usually the best first course of action to see if there is better justification from your employer.