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  • Treats the application as withdrawn when the grounds entitling the employer to do so do not apply.Treats the a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

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