Under what circumstances can my employer refuse my request for flexible working?

An employer may only turn down a request for flexible working on one or more of a number of ‘business’ grounds. These are:

• burden of additional costs;
• detrimental effect on ability to meet customer demand;
• inability to reorganise work among existing staff;
• inability to recruit additional staff;
• detrimental impact on quality;
• detrimental impact on performance;
• insufficiency of work during the periods the employee proposes to work;
• planned structural changes.

If your employer turns down your request either initially or after an appeal hearing, they must state in their written notification of refusal a 'sufficient explanation' of why one or more of these business grounds (or grounds for a decision on appeal) apply. This statement is likely to be important to your case in any subsequent legal proceedings, whether under the new flexible working rights or other legal rights.