Turning down a flexible working request feels low risk. The direct compensation under the flexible working regime is capped at eight weeks’ pay. For many employers, that feels manageable. The problem is that a poorly handled refusal rarely stays within those boundaries.
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 – things 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 rather than instinct.
Where things get expensive is when employees bring discrimination or constructive dismissal claims instead.
Indirect sex discrimination is the most common route. 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, they will be vulnerable to a claim. In one case, 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 is another exposure. 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 is also in play where the refusal is handled badly enough to destroy trust and confidence.
The practical steps are these:
- 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
For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
Our Employment Law & HR Support service forms part of our wider Business Services Team, providing businesses with access to a comprehensive range of legal expertise. Alongside employment law, we advise on corporate and commercial law, commercial property, commercial disputes, tax advice and compliance, and Farms & Estates matters. By bringing these specialist services together, we can provide joined-up legal support tailored to your business at every stage. For further information or to make an appointment, please visit: https://www.wbw.co.uk/business-legal-services/
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
