Enforcing the right to request flexible working

An ET claim can be made if an employer fails to deal with a flexible working request in a reasonable manner, wrongly treats the request as withdrawn, or fails to provide a final outcome within three months of the request. The deadline for any ET claim is three months (less one day). The first step is to submit an Acas EC Notification Form within that deadline. See Chapter 14 for more information.

Employees may also consider attempting mediation to solve their dispute. Mediation does not “stop the clock” on the time limit for any potential ET claim.

Another option is the Acas Arbitration Scheme. The outcome of arbitration would be binding. There is more information in the Acas booklet Handling requests for flexible working.

An employee must not to be victimised or dismissed for a reason concerned with a request for flexible working. Any dismissal wholly or mainly for this reason would be automatically unfair (sections 47E and 104C, ERA 96). See Chapter 10: Dismissal.