Flexible working
Appeals
Employees no longer have a statutory right to an appeal but may still be able to appeal. Employees should check with their employer if they offer an appeals process.
How to appeal
The employee must follow the company’s procedures for appealing.
The employee or employer should follow the company’s procedures for solving a workplace dispute if an application that has been refused causes problems.
Going to an employment tribunal
Employees can complain to an employment tribunal if the employer:
- did not handle the request in a ‘reasonable manner’
- wrongly treated the employee’s application as withdrawn
- dismissed or treated an employee poorly because of their flexible working request, for example refused a promotion or pay rise
- refused an application based on incorrect facts
Employees cannot complain to a tribunal just because their flexible working request was refused.
An employee should complain to the tribunal within 3 months of:
- hearing their employer’s decision on their application or appeal
- hearing their request was treated as withdrawn
- the date the employer should have responded to their request (but failed to do so)
If an employer or employee is unsure of their rights, they should get legal advice.