This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to flexible working refusals and discrimination law in England and Wales. Explains the statutory flexible working request process, lawful reasons for refusal, how discrimination under the Equality Act 2010 can arise, tribunal claims and remedies, and practical steps for employees and employers.
Flexible working has become an important part of modern employment, enabling employees to adjust their hours or patterns to balance personal and professional responsibilities. In England and Wales, employees have a statutory right to request flexible working, but there is no guaranteed right to have their request accepted. Where an employer refuses a request, the decision must comply with statutory procedures and must not amount to unlawful discrimination under the Equality Act 2010. This article explains the legal framework on flexible working refusals, outlines how discrimination law interacts with refusals, and sets out practical steps for employees and employers. Terms such as tribunals, claims, compensation and solicitors are used throughout to reflect UK legal context.
The Statutory Right to Request Flexible Working
What Flexible Working Means
Flexible working includes changes to an employee's hours, times or place of work. Examples include part‑time hours, condensed working weeks, hybrid working or adjusted start and finish times. Employees with legal status as workers typically qualify to make a statutory flexible working request from their first day of employment. The right does not apply to casual or purely agency workers who are not classed as employees under employment law.
Statutory Procedure for Requests
A flexible working request must be made in writing and labelled as being made under the statutory regime. Employers must:
- Consider the request in a reasonable manner in accordance with the Acas Code of Practice on flexible working.
- Consult the employee before making a decision where the request is not accepted in full.
- Respond within two months, unless an extension is agreed.
- Provide written business reasons if the request is refused, drawn from the statutory list of permitted reasons.
There is no statutory right to an appeal, but employers are strongly encouraged to offer an appeal process to demonstrate procedural fairness.
Lawful Grounds to Refuse a Flexible Working Request
An employer may refuse a flexible working request only for one or more of the prescribed business reasons in the Employment Rights Act 1996. These include:
- Burden of additional costs.
- Detrimental effect on ability to meet customer demand.
- Inability to reorganise work among existing staff.
- Inability to recruit additional staff.
- Detrimental impact on quality or performance.
- Insufficiency of work during proposed hours.
- Planned structural changes to the business.
Employers must explain which of these reasons applies and why. A refusal cannot be based on vague or fictional business concerns.
Discrimination Law and Flexible Working Refusals
The Equality Act 2010 and Protected Characteristics
The Equality Act 2010 prohibits discrimination against employees because of protected characteristics such as:
- Age
- Disability
- Sex
- Race
- Religion or belief
- Sexual orientation
- Gender reassignment
- Pregnancy and maternity
- Marriage and civil partnership
Employers must not disadvantage an employee in the way they handle or decide flexible working requests on grounds connected to these characteristics.
Direct and Indirect Discrimination
Direct discrimination may arise if an employer refuses to accommodate flexible working because of the employee's protected characteristic. For example, refusing a request from a woman to care for children while granting similar requests to men without a sound business justification may amount to direct sex discrimination.
Indirect discrimination can occur when a neutral policy or practice disproportionately impacts employees with a protected characteristic. For instance, a blanket refusal to allow part‑time working may disproportionately affect female employees with childcare responsibilities, potentially amounting to indirect sex discrimination if not objectively justified.
Disability and Reasonable Adjustments
When a flexible working request is linked to a disability or the need for a reasonable adjustment, the employer must consider it within the context of their duty to make reasonable adjustments under the Equality Act 2010. Failing to accommodate a request connected to a disability without justification may give rise to disability discrimination claims.
Employment Tribunal Claims
Time Limits for Claims
Employees have a strict time limit to bring claims to an employment tribunal. In most cases, claims relating to discrimination should be presented within three months less one day from the date of the discriminatory act or decision. Early conciliation via Acas is a required step before submitting a claim.
Types of Tribunal Claims
There are two broad categories of claims linked to flexible working refusals:
1. Procedural Claims under Flexible Working Law
Claims may be brought if an employer fails to handle a request in a “reasonable manner”, misses deadlines, fails to consult, treats a request as withdrawn without proper grounds, or refuses without valid statutory reasons. Remedies are limited to reviewing the process and may include compensation of up to eight weeks' pay, subject to the statutory weekly cap.
2. Discrimination Claims under the Equality Act 2010
Where the refusal or related treatment disadvantages an employee because of a protected characteristic, a discrimination claim may be pursued. Unlike procedural claims, discrimination claims are not subject to the statutory compensation cap and may include compensation for financial loss and injury to feelings.
Detriment and Unfair Dismissal Protection
Employees are protected from suffering a detriment or dismissal because they make, propose to make, or complain about a flexible working request. Such treatment may itself be the basis of a claim.
Practical Steps for Employees
- Submit requests formally and clearly indicate the statutory basis.
- Keep written records of communications with the employer.
- Seek internal resolution through appeals or grievance procedures if provided.
- Consider discrimination issues where refusals disproportionately affect you because of a protected characteristic.
- Follow early conciliation with Acas before issuing a tribunal claim.
Practical Steps for Employers
- Adhere to statutory procedures and the Acas Code of Practice when considering flexible working requests.
- Document reasons clearly if refusing a request, referencing permitted business grounds.
- Avoid discriminatory practices by ensuring that decisions are based on genuine business needs and are consistently applied.
- Engage in consultations with employees to explore alternatives or compromises.
Common Questions
Can an employer refuse every flexible working request?
Yes, but only if the refusal is based on one or more of the statutory business reasons and the employer follows correct procedure.
Is a refusal always unlawful?
Not necessarily. A lawful refusal can be made for specified business reasons. However, refusals that disadvantage employees because of protected characteristics may give rise to discrimination claims.
Can an appeal affect tribunal claims?
An appeal within the employer's procedure can demonstrate that the decision was handled fairly. Tribunal claims must still be lodged within the statutory time limits regardless of appeals.
Final Thoughts
Refusals of flexible working requests in England and Wales must comply with statutory procedures and must not unfairly disadvantage employees due to protected characteristics under the Equality Act 2010. Understanding the distinction between procedural rights under flexible working legislation and discrimination rights under equality law is essential. Employees should follow internal procedures and time limits, and may pursue claims in employment tribunals where refusals are handled unreasonably or discriminatorily. Employers should ensure reasoned decisions, consistent application of policies, and sensitivity to discrimination risks to reduce legal exposure.
