The employer’s response

The employer must deal with the request in a “reasonable manner” and notify the employee of their decision within three months of the request date (including any appeal), unless a longer period has been agreed. Under the Acas Code, the employer should consider the request and arrange to discuss it with the employee as soon as possible. The discussion need not always be face-to-face. If both parties agree, it can take place over the phone. The Code says that where possible, the discussion should be in private. There is no need for a discussion if the request is simply approved.

There is no statutory right to be accompanied, but the Acas Code says employers should allow an employee to be accompanied “by a work colleague” and that the employee should be “informed about this prior to the discussion”. The Acas guidance says it is “good practice” to allow employees to be accompanied by a work colleague or trade union rep, and that employers should consider the specific needs of disabled workers and non-native English speakers.

There is a statutory right to be accompanied to a grievance hearing if, for example, an employee considers that their flexible working request has been dealt with in a discriminatory manner (see Right to be Accompanied, page 394).