Employees no longer have a statutory right to an appeal.
But offering an appeals process helps to demonstrate that the employer is handling requests in a ‘reasonable manner’.
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 a rejected application 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- wrongly treated the employee’s application as withdrawn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
- rejected an application based on incorrect facts
Employees cannot complain to a tribunal just because their flexible working request was rejected.
An employee should complain to the tribunal within 3 months of:
- hearing their employer’s decision
- hearing their request was treated as withdrawn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.