Turning down a flexible working request can seem low risk at first sight.
The statutory process is straightforward enough. Employers must handle requests reasonably, consult before refusing, and give a decision within two months. A refusal must rely on one of eight permitted business reasons – like additional cost, inability to reorganise work, or detrimental impact on performance. Tribunals will not generally second-guess a well-reasoned refusal backed by evidence.
Even if the tribunal disagrees, the direct compensation under the flexible working regime is capped at eight weeks’ pay and for many employers, that feels manageable. However, things can get expensive when employees bring discrimination or constructive dismissal claims instead.
Indirect sex discrimination
Tribunals recognise that women disproportionately carry childcare responsibilities, so a blanket requirement to work full time or attend the office can place them at a particular disadvantage. Unless the employer can objectively justify that requirement, it is vulnerable to claims. In one case, Thompson v Manors a female estate agent was awarded more than £180,000 after her request to work four days a week post-maternity leave was refused. Compensation for discrimination is uncapped.
Disability discrimination
Where the request is connected to a health condition, it overlaps with the duty to make reasonable adjustments – a separate and potentially costly obligation.
Constructive dismissal
If the refusal is handled badly enough to destroy trust and confidence, your employee could resign and claim constructive dismissal, as in Thompson v Manors.
Practical tips for dealing with a flexible working request:
- Document your reasoning carefully and tie it to a permitted statutory ground
- Always consult genuinely before refusing – a tick-box conversation is not enough
- Consider childcare and disability angles before finalising any decision
- Take legal advice on complex cases before the refusal goes out, not after the claim arrives
Further reading
- Flexible working – Gov.uk
- Discrimination – Know your rights – Gov.uk
- Discrimination and the Law – ACAS
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