Flexible working

Breach of flexible working regulations

Employees with at least 26 weeks' continuous employment can make a request for flexible working. The employee can complain to an employment tribunal if the employer does any of the following:

  • Fails to deal with their application in a reasonable manner.

  • Fails to notify them of the decision on their application within the decision period.

  • Fails to rely on one of the statutory grounds when refusing their application.

  • Bases its decision on incorrect facts.

  • Treats the application as withdrawn when the grounds entitling the employer to do so do not apply.Treats the a

If the complaint is upheld, the tribunal must make a declaration to that effect and may make either or both of:

  • An order for reconsideration of the request.

  • A compensatory award to be paid by the employer to the employee, of such amount as the tribunal considers just and equitable, up to the statutory maximum of eight weeks' pay (regulation 6, Flexible Working Regulations 2014 (SI 2014/1398)). The award is subject to the statutory limit on a week's pay (for which, see Week's pay). There is no minimum award.


The information on this website is for general information purposes only. The transmission and receipt of information on this website, or through the Internet or by e-mail will not constitute or create a consultant-client relationship with the Law at Work.

While every effort is made to keep the information on this website up to date and correct, the material on this website may not reflect the most current legal developments. The content and interpretation of employment law are subject to constant revision, and no liability with regards to any action taken, or not taken based on any of the information on this site will be accepted to the fullest extent permitted by law. Any reliance placed on such information is therefore strictly at your own risk. Do not act or refrain from acting upon this information without seeking advice.