What if an employer does not follow the procedure for a formal request to work flexibly?

If your employer has not followed the correct procedure following your request for flexible working, you might be able to make a claim against them.  However you should think carefully about how this will affect your chances of getting the hours you want, and should seek advice first.

An Employment Tribunal complaint under the right to request flexible working can only be made on certain grounds.  These include:

• The employer has not followed the procedure
• The employer has refused the application for a reason not specified in the Employment Rights Act
• The employer's decision to refuse was based on incorrect facts

 Note that you cannot make a complaint because you disagree with the reason stated by your employer. However, in that case if you are a woman you may be able to make a complaint of indirect sex discrimination.

The compensation which can be awarded is a maximum of eight weeks' wages.  The amount of a week’s wages is capped at a set level every year, which limits how much you can get. The employer can also be ordered to reconsider its decision but the Tribunal cannot order the employer to grant the request. Compensation for claims brought under the Sex Discrimination Act can be much higher than this so you should see if you also have a sex discrimination claim.